Nope, telecommunications are defacto interstate, especially internet and in general anything that the FCC regulates. The FCC had declared all internet communications as interstate in nature and they have successfully kept the jurisdiction over such cases.
Federal judges are easy to find. And obtaining an emergency injunction is frequently done on unilateral argument. The town's opinion would not even be asked. If possible you totally blindside them. I am only suggesting, that if I am out of time and faced with losing the business, I would try to force a negotiation as a last gasp effort. You have nothing to lose if you are going to have to shut it off anyway. If the town fathers say get off without any concern as to keeping you in business, an injunction might buy you enough time to get on some other site. I always try to have plan A, B & C in cases like this. Say what you want but I have done this in the past. ----- Original Message ----- From: "Larry Yunker" <[EMAIL PROTECTED]> To: "'WISPA General List'" <wireless@wispa.org> Sent: Wednesday, May 21, 2008 3:43 PM Subject: Re: [WISPA] Watertower trouble > Chuck McCown Wrote: > >>Talk to a judge for an emergency injunction. That is interfering with >>interstate commerce. > > Two issues with this approach... (1) if you are claiming an interstate > commerce issue you need to file in Federal Court (2) if you aren't > crossing > state lines with your signal, then it's unlikely that you could turn this > into an interstate commerce issue (you would have to show that your > service > substantial effecting things that travel in interstate commerce). > > Besides... the government is going to argue that it's a health & safety > issue and the police power for health and safety is almost always going to > trump any temporary inconvenience to private business. > > You would probably have better luck negotiating a deal with the city and > the > city's contractor for shrouding your equipment as suggested by others on > this list. > > Larry Yunker > Network Consultant > [EMAIL PROTECTED] > > P.S. The information contained in this message is informed but is NOT > LEGAL > ADVISE (YET!) > > > > -------------------------------------------------------------------------------- > WISPA Wants You! Join today! > http://signup.wispa.org/ > -------------------------------------------------------------------------------- > > WISPA Wireless List: wireless@wispa.org > > Subscribe/Unsubscribe: > http://lists.wispa.org/mailman/listinfo/wireless > > Archives: http://lists.wispa.org/pipermail/wireless/ > -------------------------------------------------------------------------------- WISPA Wants You! Join today! http://signup.wispa.org/ -------------------------------------------------------------------------------- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
