Thursday, March 6, 2014

FirstNet and Cooperative Federalism

Federal Funding (Taken from Wikipedia)

I just thought this to be interesting:

"The federal system limits the ability of the federal government to use state governments as an instrument of the national government, as held in Printz v. United States, 521 U.S. 898 (1997). However, where Congress or the Executive has the power to implement programs, or otherwise regulate, there are, arguably, certain incentives in the national government encouraging States to become the instruments of such national policy, rather than to implement the program directly. One incentive is that state implementation of national programs places implementation in the hands of local officials who are closer to local circumstances. Another incentive is that implementation of federal programs at the state level would in principle limit the growth of the national bureaucracy.

For this reason, Congress often seeks to exercise its powers by offering or encouraging States to implement national programs consistent with national minimum standards; a system known as cooperative federalism. One example of the exercise of this device was to condition allocation of federal funding where certain state laws do not conform to federal guidelines. For example, federal educational funds may not be accepted without implementation of special education programs in compliance with IDEA. Similarly, the nationwide state 55 mph (90 km/h) speed limit, .08 legal blood alcohol limit, and the nationwide state 21-year drinking age were imposed through this method; the states would lose highway funding if they refused to pass such laws (though the national speed limit has since been repealed). See e.g. South Dakota v. Dole483 U.S. 203 (1987)."

With the Public Private Partnership, most specifically the Myers Model™, you avoid this issue of Federal Funding. What would the “Minimum standard” be for Public Safety Broadband? Does the use of the allocated spectrum to Public Safety illustrate a National Program that can only be encouraged and not enforced? Or does this actually mean that the spectrum actually belongs to the States, or the People? The Middle Class Tax Relief and Jobs Creation Act of 2012, that allocated the spectrum to Public Safety, how do you discern the relationship, where as, a State has its own Police forces, Fire and EMS programs? Does this mean that the States have all the power and control of the spectrum from the outset?

"The Powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the People." (Tenth Amendment, GPO)

Just a thought by.....

Just some guy and a blog….. 

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