Former Telco C.E.O. Invokes Federal Telecom Act to Challenge Enforcement of New York State Prevailing Wage Law.FISHKILL, N.Y. -- Michael S. Pascazi, Attorney & Counselor-at-Law, acting Pro Se, has brought an appeal before the United States Court of Appeals for the Second Circuit (Pascazi v. Angello, Docket docket 1) n. the cases on a court calendar. 2) n. brief notes, usually written by the court clerk, stating what action was taken that day in court. 3) v. to write down the name of a case to be put on calendar or make notes on action in court. No.: 06-cv-5108) seeking to reverse a decision of the U.S. District Court (S.D.N.Y. Docket No.: 04-cv-8896) wherein, the District Court abstained from exercising jurisdiction over a challenge to the New York State Prevailing Wage Law. Pascazi is the former C.E.O. of a New York based fiber optic telecommunications company. Pascazi alleges that the Telecom Act of 1996 See Telecommunications Act of 1996. (codified at 42 U.S.C. u 253) preempts the Wage Law (codified at N.Y. Labor Law u 220 et seq et seq. et seq. (et seek) n. abbreviation for the Latin phrase et sequentes meaning "and the following." It is commonly used by lawyers to include numbered lists, pages or sections after the first number is stated, as in "the rules of the road are found in Vehicle Code Section 1204, et seq." (et seek) n. abbreviation for the Latin phrase et sequentes meaning "and the following." It is commonly used by lawyers to include numbered lists, pages or sections after the first number is stated, as in "the rules of the road are found in Vehicle Code Section 1204, et seq.".), because the Wage Law prohibits, or has the effect of prohibiting, entities from providing interstate or intrastate telecommunications service. The Wage Law, for example, requires that electricians in New York City, who perform telecommunications related work, on public works projects, be paid wages and supplements totaling approximately $80.00 per hour, among many other burdensome and costly requirements. In Pascazi's view "preemption preemption n. the rule of law that if the federal government through Congress has enacted legislation on a subject matter it shall be controlling over state laws and/or preclude the state from enacting laws on the same subject if Congress has specifically stated it has "occupied the field. was commanded by Congress in large part to foster a single national telecommunications policy, as opposed to a patchwork of state and local regulation." Preemption, which derives from the Supremacy Clause supremacy clause n. Article VI, section 2 of the U. S. Constitution which reads: "This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the Constitution or laws of any state to the contrary notwithstanding. of the U.S. Constitution, is a legal doctrine, whereby, federal law supercedes state law. Further, Pascazi argues "the Telecom Act grants to the Federal Communications Commission the exclusive jurisdiction to determine which state regulations are preempted and which are not. Congress has also commanded that the FCC was to exercise its power after notice and an opportunity for public comment." Pascazi believes that this case is a case of first impression case of first impression n. a case in which a question of interpretation of law is presented which has never arisen before in any reported case. Sometimes, it is only of first impression in the particular state or jurisdiction, so decisions from other states or the federal courts may be examined as a guideline., and of national importance. According to Pascazi "there are about 33 states and 100 cities and counties that have similar Wage Laws." Pascazi further opines "if a telco provider must turn to state and local courts in defense of an alleged wage law violation, then the goal of a national policy is dashed." Pascazi adds "The Telecom Act was the first major overhaul of communications law in the United States in 62 years, and has resulted in the telecom revolution as we know it. Society has benefited greatly from this landmark legislation." Pascazi is seeking Amicus Curiae amicus curiae n. Latin for "friend of the court," a party or an organization interested in an issue which files a brief or participates in the argument in a case in which that party or organization is not one of the litigants. For example, the American Civil Liberties Union often files briefs on behalf of a party who contends his constitutional rights have been violated, even though the claimant has his own attorney. (friend of the court) briefs from those favoring preemption, and opposing prevailing wage laws. The Appellant Brief is due February 1, 2007. Oral Argument is scheduled for the spring. Various pleadings in this case can be found online at www.pascazilaw.com/news. |
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