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Item C: Telecommunications Tax Fund
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Item C: Telecommunications Tax Fund
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6/10/2010 10:25:33 AM
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12/7/2005 10:37:51 AM
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City Council
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Agenda Item Summary
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12/12/2005
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The court found no delay in the companies' application processes, much less a delay of sufficient <br />duration to constitute an effective prohibition, and concluded that the ordinance did not violate <br />section 253(a) of the Act. <br />2. That Ordinance 20083 violated 47 USC § 332(c)(3)(A) governing(prohibiting)state and local <br />regulation of entry and rates charged for commercial mobile radio services, which include cellular <br />telecommunications services because the City’s registration and licensing requirements both <br />constitute regulations of entry, in violation of federal law. The City argued that neither the <br />registration nor the licensing requirement amounts to a regulation of entry; rather, both constitute <br />regulations of the "terms and conditions" of providing commercial mobile radio services, as <br />expressly permitted by section 332. The court concluded that none of the City’s requirements <br />qualified as a regulation of entry within the meaning of the statute. <br />Right of Way Management and Compensation Page 15 of 15 <br />APWA Fall Conference - 2005 <br />
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