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راه درست اشتباه راه: توجیه قانونی محو سازی برای حق تقدم زیرساخت های ارتباطات راه دور
عنوان انگلیسی مقاله:
Right way wrong way: The fading legal justifications for telecommunications infrastructure rights-of-way
سال انتشار : 2016
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بخشی از مقاله انگلیسی:
2. Rights-of-way for telecommunications infrastructure
2.1. The history of telecommunications land usage In the words of NextLink Engineering Vice President Ed Koops back in 1999, “It doesn’t matter how high-tech the industry is. You still have to dig in the dirt” (quoted in Glasner, 1999). Modern telecom consumers may feel fully mobile and untethered from archaic wired infrastructures, but such networks still require a great amount of on-the-ground construction and placement of facilities. And these requirements will most likely grow in the near future. Policymakers are aware of this; for example, issues surrounding the acquisition and maintenance of rights-of-way received considerable attention in the Federal Communications Commission's 2010 National Broadband Plan (FCC, 2010, pp. 112–115). Nancy Victory of the National Telecommunications and Information Administration stated in 2002 that there is “no issue more fundamentally important to the widespread deployment of broadband and really, just about any other network technology, than rights-of-way” (FCC, 2002, p. 133). For burgeoning wireless networks, increasing numbers of transmission towers are becoming necessary, often being placed in remote locations with significant impacts on the natural environment (Cramer, 2012). For wired networks, aboveground cables are strung on telephone poles; these arrangements typically require contractual agreements among telecom providers and power companies (among others) that are beyond the scope of the present article. On the other hand, wherever underground conduits are more desirable or practical, those in urbanized areas are typically placed under streets, which are owned by the public; while longer-distance networks may take shortcuts between cities under publicly-owned lands like state forests.2 Many existing long-distance telecom networks are descended from lines strung along transportation corridors, for which the transportation rights-of-way issues were already settled. Some of these arrangements go back as far as telegraph lines constructed alongside railroad tracks in the 1830s, becoming a widespread practice with the completion of nationwide rail systems by the late 1880s. Those lines were gradually replaced over time with more modern infrastructure that in turn has been inherited by modern telecom providers. For example, Sprint arose from the communications division of Southern Pacific Railway, which used its existing rights-of-way for tracks to build its own private communications network. Similarly, MCI laid much of its fiber optic network along Amtrak rights-of-way and also inherited many rights-of-way dating back to early telegraph lines used by Western Union (Melody & Møller, 1997, pp. 119–130).
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کلمات کلیدی:
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