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 The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals. It has appellate jurisdiction over the district courts in the following districts:
To enter the dates of judicial proceedings scheduled for trial in a book kept by a 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 (codified cod·i·fy tr.v. cod·i·fied, cod·i·fy·ing, cod·i·fies 1. To reduce to a code: codify laws. 2. To arrange or systematize. at 42 U.S.C. u 253) preempts the Wage Law (codified at N.Y. Labor Law u 220 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 New York City: see New York, city. New York City City (pop., 2000: 8,008,278), southeastern New York, at the mouth of the Hudson River. The largest city in the U.S. , 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 U.S. policy that allowed the first settlers, or squatters, on public land to buy the land they had improved. Since improved land, coveted by speculators, was often priced too high for squatters to buy at auction, temporary preemptive laws allowed them to acquire 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 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 Federal Communications Commission (FCC), independent executive agency of the U.S. government established in 1934 to regulate interstate and foreign communications in the public interest. the exclusive jurisdiction to determine which state regulations are preempted and which are not. Congress has also commanded that the FCC (1) (Federal Communications Commission, Washington, DC, www.fcc.gov) The U.S. government agency that regulates interstate and international communications including wire, cable, radio, TV and satellite. The FCC was created under the U.S. was to exercise its power after notice and an opportunity for public comment." Pascazi believes that this case is a case of first impression, 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 Opines are low molecular weight compounds found in plant crown gall tumors produced by the parasitic bacterium Agrobacterium. Opine biosynthesis is catalyzed by specific enzymes encoded by genes contained in a small segment of DNA (known as the T-DNA, for 'transfer DNA') "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 (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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