Railroads Say FCC Doesn't Have Jurisdiction Over Their Rights of Way
The FCC lacks authority over siting in railroad rights of way, representatives of the Association of American Railroads told Will Adams, aide to Commissioner Brendan Carr. “Congress expressly withheld jurisdiction from the Commission to prescribe the terms and conditions by…
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which railroads grant access over their ROWs under Section 224 of the Communications Act,” said a filing last week in docket 17-79. Section 253 doesn't provide such authority over railroad deals with telecom providers, AAR said: Railroad practices in granting access to crossings and rights of way -- “which are largely private property -- are fair, transparent, and reasonably related to public safety and cost recovery.”