![]() ![]() 3557, which go beyond existing regulatory preemption and would automatically grant requests to construct communications equipment if the local government has not made a determination within as few as 60 days, depending on the request type. In particular, NLC flagged the “deemed granted” provisions included in the passed version of H.R. NLC and other local stakeholders highlighted the lack of local input, as well as the harms of communications infrastructure preemption for local governments. When the committee held an initial hearing on broadband permitting streamlining, including a draft of the American Broadband Deployment Act, no state or local government was invited to testify. Those representatives also noted the outspoken objections of local and tribal government to the bill. Ruiz, Dingell, Matsui, and Tonko offering their own amendments to eliminate or reduce these preemptions. The bill advanced along partisan lines as amended, with Ranking Member Pallone and Reps. This legislation would codify in statute recent actions taken by the Federal Communications Commission to preempt local authority over wireless telecommunications facility siting and cable franchises and impose several new preemptions. 3557, the American Broadband Deployment Act of 2023, is of particular interest to local governments. On May 24, the House Energy and Commerce Committee marked up 19 bills. Click here to access talking points and your representative’s office phone number. Congress and federal agencies must respect local processes, which are best managed at the level of government closest and most responsive to the people. ![]() Cities must call on Congress to treat local governments as partners in the effort to close the digital divide, not enemies. Local governments are just as eager for their residents to have access to high-quality broadband service as broadband and cable providers are to deploy it. City leaders should call their members of Congress as soon as possible and urge them to oppose H.R. The bill could be brought to the House floor for a vote at any time. Update as of October 4, 2023: NLC continues to oppose the bill and sent a letter to Congress outlining the bill’s problems for local officials. Local Authority & Intergovernmental Relations.State codes of criminal procedure and the Federal Rules of Criminal Procedure regulate the use of bills of particulars in criminal prosecutions in their respective courts. As in civil procedure, a bill of particulars is not intended to serve as a discovery device. The defendant is given notice of the offenses with which he or she is charged so that a defense may be prepared and the possibility of surprise or double jeopardy avoided. It is submitted by the prosecution to the defendant, at the defendant's demand, to provide the facts alleged in the complaint or the indictment that related to the commission of the crime. In criminal law, a bill of particulars serves the same purpose. If, however, the information sought by such a motion is obtainable by use of discovery mechanisms, the motion will be denied. ![]() In federal courts the Federal Rules of Civil Procedure have replaced the use of a bill of particulars with a motion for a more definite statement. State codes of civil procedure impose rules that govern the use of bills of particulars in civil actions brought in state court. It is not to be used as a discovery device to learn the evidence or strategy to be used at trial by the opposing party. A bill of particulars is neither a pleading nor proof of the facts it states, but, rather, an elucidation of a pleading. It also serves to expedite the orderly progress of judicial proceedings by reducing, if not eliminating, the need for the amendment of ambiguous or vague pleadings. Its function is to give the party who requests it knowledge of what the opposing party has alleged in order to protect the party requesting the bill from surprise and in order to establish the real issues of the action. A bill can be submitted either voluntarily or pursuant to a court order for compliance with the demand. Although usually requested by a defendant, it can be demanded by a plaintiff if the defendant makes a counterclaim for a setoff or asserts a defense against him or her. In civil actions a bill of particulars is a written demand for the specifics of why an action at law was brought. A written statement used in both civil and criminal actions that is submitted by a plaintiff or a prosecutor at the request of a defendant, giving the defendant detailed information concerning the claims or charges made against him or her.
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