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Robert May III Raises the Issue of Political Accountability for Section 6409(a) with Daily Journal

By February 28, 2015 No Comments

In the article, “Blurred blame in unpopular wireless approvals” published by the Daily Journal, Shareholder Robert C. May III raises concerns about the proper exercise of federal preemption and the degree to which Congress can hide behind local officials regarding unfavorable political policies.

With the new rules under Section 6409(a), some attorneys argue that Congress unconstitutionally forces states to administer a federal regulatory program that fits within federal standards and broadband policies. Mr. May adds, “Even though Congress can regulate wireless infrastructure deployment under the commerce clause, substantial questions remain about whether Section 6409(a) properly exercises that power.”

He says, “Section 6409(a) raises serious constitutional concerns because it requires local legislatures and officials to act in accordance with federal standards without full field preemption.” The new rules distort who the public should hold accountable for unpopular wireless zoning decisions.