Equality Commission Northern Ireland (ECNI) and the Equality Human Rights Commission (EHRC) have various enforcement powers, but do not necessarily use them regularly. (d) No State may enact or enforce any law denying access within 1 road-mile from the National Network using the most reasonable and practicable route available except for specific safety reasons on individual routes. (a) No State may enact or enforce any law denying reasonable access to vehicles with dimensions authorized by the STAA between the NN and terminals and facilities for food, fuel, repairs, and rest. Legal decisions should be made only after proper consultation with a legal professional of your choosing. Many of the resources and strategies on this site will be useful to any disabled person or representative in asserting and enforcing access rights. In Carter/Mondale Presidential Committee, Inc., that court ruled that Section 312(a)(7) of the Communications Act requires that federal candidates' requests for access must be considered individually, on a case-by-case basis. Below is a link to an ad that many broadcasters tried to refuse. Copyright © 2021 All Access Music Group. The Office had reasonable access to persons, including [...] the heads of organ of the Court, as well as to books, records and other documents which were, in the opinion of the Office, necessary for the performance of its work. The auditor obtains and evaluates audit evidence to obtain reasonable assurance about whether the financial statements give a true and fair view or are presented fairly, in all material respects, in accordance with the This means that one parent has “primary placement” of the children, and the other parent has visitation rights. Don’t miss our podcasts! So if that applies to all candidates, do you have to make the station available to all candidates who want to buy time? Reasonable definition: If you think that someone is fair and sensible you can say that they are reasonable . (B) The automatic approval of an access request if not acted upon within 90 days of receipt by the State. In actual practice minimums have a way of becoming maximums. State safety analyses may be conducted on individual routes if warranted; and. reasonable care. Many times, they are afforded “reasonable times, reasonable notice” visitation. This is sometimes called reasonable access or liberal and generous access. (3) Any State that does not have FHWA approved access provisions in effect within 1 year after June 1, 1990 shall follow the requirements and the criteria set forth in this section and section 658.5 and 658.19 for determining access for STAA-dimensioned vehicles to terminals and services. Had the adjoining owners not been receptive to my offer, I would not have bought that property. There are two main exceptions: 1. Reasonable Access. Prior to private practice, Mr. Skall served as the Chief Counsel for the National Telecommunications and Information Administration and Acting General Counsel to the White House Office of Telecommunications Policy. He also works with telecommunications companies and with radio device manufacturers to obtain FCC approvals and to assure regulatory compliance. In most cases, only a disabled person (or their legal proxy) who is personally affected by the access issue or discrimination is able to enforce the Equality Act or DDA. Reasonable definition, agreeable to reason or sound judgment; logical: a reasonable choice for chairman. (2) The FHWA will review the access provisions as submitted by each State subject to the provisions in paragraph (j)(1) and approve those that are in compliance with the requirements of this section. Discrimination by association with a disabled person. Unfortunately, there is no one-size-fits-all approach to this — every family is unique and what is reasonable for one family will seem extraordinary to another. Re: How to mark my life coaching business without the negative aspects of life coaching, Whether the broadcaster followed the proper standards in deciding whether to grant a candidate's request for access; and. Suitable; just; proper; ordinary; fair; usual. What Does “Reasonable Times, Reasonable Notice” Visitation Mean? The law states that parents are entitled to “reasonable access” to their children. (1) Each State shall submit its access provisions to FHWA for approval within 6 months after June 1, 1990. He has served at the Federal Communications Commission and has taught Telecommunications Law and Policy at The George Washington University. Remit of Reasonable Access. The term reasonable places a limit on discretionary power or the effect of overly strict obligations. This column is provided for general information purposes only and should not be relied upon as legal advice pertaining to any specific factual situation. An accommodation is a change in work rules, facilities, or conditions which enable an individual with a disability to apply for a job, perform the essential functions of a job, and/or enjoy equal access to the benefits and privileges of employment. This definition applies more broadly than MCIT, and will be used for NCDs and other coverage decisions. So, sooner or later, the question always comes in, "Do I have to take that ad, carry that candidate, or cover that race?". Reasonable definition is - being in accordance with reason. Another word for reasonableness. I had no interest in getting into a fight with them. The flexibility of a “reasonable and liberal visitation” set-up may seem appealing, but it can lead to disagreements and a cloudy understanding of each parents’ rights. Definition of. n. the degree of caution and concern for the safety of himself/herself and others an ordinarily prudent and rational person would use in the circumstances. "Reasonable Access" was first addressed by the FCC in 1979, and later the U.S. Court of Appeals. Sometimes, parents will include reasonable access in a separation agreement or a court order may give the non-custodial parent reasonable access. An access contingency might also be used. Discrimination because you are perceived to be disabled. 1/2 feet and which generally operates as part of a vehicle combination described in §§ 658.13(b)(5) and 658.15(a). Welcome to AllAccess.com, the web's largest radio and music industry community. Access is governed by Section 312(a)(7) of the Communications Act and provides only "reasonable access" to purchase "reasonable amounts of time by a legally qualified candidate for federal elective office on behalf of his candidacy.". It must be more than an imaginary doubt, and it is often defined judicially as such doubt as would cause a reasonable person to hesitate before acting in a matter of importance. Some parents see their children every day, while others might see them just once a month. (See: negligence, duty of care) Re: Why is alternative rock radio so unlistenable as of late? How much time was previously sold to the candidate; The potentially destructive impact on the station's regular programming; The likelihood of equal opportunities requested by opposing candidates; and. Gregg Skall is a member of the law firm Telecommunications Law Professionals PLLC. In People for the American Way the Commission declared that it confines its analysis to two questions: To answer the first question, the broadcaster must consider the factors set forth in Carter/Mondale. Reasonable access. The term reasonable is a generic and relative one and applies to that which is appropriate for a particular situation.. Reasonable Safeguards for PHI are precautions that a prudent person must take to prevent a disclosure of Protected Health Information. Sometimes the ad may be so offensive that the broadcaster doesn't want to carry it just as a matter of community relations. | Meaning, pronunciation, translations and examples This allows the parents to informally make plans that can easily be changed if the situation changes. For more information, please refer to the Department of Labor Manual Ser… In my recent post on moral turpitude, I noted that I found odd the phrase “its reasonable but good faith opinion,” and a couple of commenters weighed in on that. (h) States shall ensure compliance with the requirements of this section for roads under the jurisdiction of local units of government. This includes providing 'reasonable access' to services - for example, ensuring you have accessible bathrooms if … Gregg represents broadcasters and other parties in their regulatory dealings before the Federal Communications Commission in their commercial business dealings. The ADA Home Page provides access to Americans with Disabilities Act (ADA) regulations for businesses and State and local governments, technical assistance materials, ADA Standards for Accessible Design, links to Federal agencies with ADA responsibilities and information, updates on new ADA requirements, streaming video, information about Department of Justice ADA settlement … Rather, it relies on the reasonable, good faith judgment of licensees and an obligation on each party to come to a reasonable accommodation, taking into account the candidate's campaign strategy and the imposition on the station. Later, in a case called People for the American Way and Media Access Project, the Commission decided that broadcasters can be required to sell non-standard lengths of time, such as five minutes, to legally qualified candidates for federal elective office. All rights reserved. (f) Blanket restrictions on 102-inch wide vehicles may not be imposed. Reasonable Access’s formal and legal information will be focused on legal and other systems in the UK (England, Wales, Scotland and Northern Ireland). In addition, no State may enact or enforce any law denying reasonable access between the NN and points of loading and unloading to household goods carriers, motor carriers of passengers, and any truck tractor-semitrailer combination in which the semitrailer has a length not to exceed 28 feet (28.5 feet where allowed pursuant to § 658.13(b)(5) of this part) and which generally operates as part of a vehicle combination described in §§ 658.13(b)(5) and 658.15(a) of this part. See more. Most every broadcaster knows that under Section 315 of the Communications Act, equal opportunities have to be made available to all legally qualified candidates for the same political office. He serves as Washington Counsel to several state broadcaster associations. reasonable meaning: 1. based on or using good judgment and therefore fair and practical: 2. acceptable: 3. not too…. If the parents are able to co-operate, access plans can be left open and flexible. He frequently lectures on the political broadcasting rules and regulations administered by the Federal Communications Commission and has represented broadcaster associations before the Federal Communications Commission, Federal Trade Commission, Federal Election Commission and U.S. Congress. Another word for reasonable. Reasonable definition: If you think that someone is fair and sensible you can say that they are reasonable . To protect all forms of PHI: verbal, paper, and electronic, provides must apply these safeguards. 2. A question that comes up again and again every political season is: To whom do I have to sell time? So I thought I should take a more general look at the relationship between those two concepts. What makes it even more confusing is the Equal Opportunities doctrine. How to change the WiFi information for the Arris NVG589? (2) State access review processes shall provide for: (A) An analysis of the proposed access routes using observations or other data obtained from the operation of test vehicles over the routes; (B) An analysis of the proposed access routes by application of vehicle templates to plans of the routes; (C) A general provision for allowing access, without requiring a request, for commercial motor vehicles with semitrailers with a kingpin distance of 41 feet or less (measured from the kingpin to the center of the rear axle, if single, or the center of a group of rear axles). Electronic Code of Federal Regulations (e-CFR), Chapter I. In those States in which State law authorizes the operation of STAA-dimensioned vehicles on all public roads and highways, no submission or approval under this paragraph is required. Learn more. Find more ways to say reasonable, along with related words, antonyms and example phrases at Thesaurus.com, the world's most trusted free thesaurus. While broadcasters are usually happy for the additional revenue opportunities presented by political advertising, there are reasons for not wanting to carrying some spots -- for example inventory concerns or the consequences of opening the station up for equal opportunities claims by competing candidates. It must take the campaign's own perceived needs or strategy into account in the determination of what is to be made available. Mandatory reasonable access is required to be afforded only to candidates for federal elective office, as long as they request it, without regard to any prior use by a competing candidate. A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with disabilities to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces, or to fulfill their program obligations. The question of "access" to your station is far different than the question of how to treat candidates equally under Section 315. DOL provides reasonable accommodations to applicants for DOL employment and DOL employees with disabilities. This provision shall become effective no later than 12 months following the effective date of this rule unless an extension is requested by the State and approved by FHWA. Listen the mp3 and you'll know why. Interested in discussion about the issues raised in Dr. Craig’s work?Join our Open Forum or find a local Reasonable Faith Chapter in your area. The general principle in real-estate law is that private property cannot be landlocked, that is, denied reasonable vehicular access from a public road. (C) The denial of access for any 102-inch wide vehicles only on the basis of the characteristics of specific routes, in particular significant deficiencies in lane width. It is only required once a competing candidate for the same office has already made use of the station. By now you should see that the term “reasonable visitation” is a non-term – it is open to interpretation, has no legal teeth, and is essentially meaningless. LISTENER ENGAGEMENT DIRECTOR / ON-AIR HOST, Life 101.9, THE LATEST VIRAL TIK TOK TREND...JOE "CRASH" KELLEY. The Reasonable Faith podcast features lively conversation about the issues of the day. The Act outlines that any business that provides goods or services must make ' reasonable adjustments ' to ensure anyone can access their services. The Commission emphasized that Congress' motive under Section 312(a)(7) was to provide wider, less-fettered dissemination of political speech and "give candidates for public office greater access to the media to better explain their stand on the issues, and thereby more fully and completely inform the voters." The history of the requirement is interesting and illuminating as to what it actually means. reasonable definition: 1. based on or using good judgment and therefore fair and practical: 2. acceptable: 3. not too…. But neither is the federal candidate's right of access absolute. § 658.19 Reasonable access. It does not apply an objective, quantifiable standard of how much time is reasonable. (b) All States shall make available to commercial motor vehicle operators information regarding their reasonable access provisions to and from the National Network. The proposed definition of “reasonable and necessary” would be codified in regulation. These factors include: The Carter/Mondale court provided further guidance that the Commission follows, namely that "... to justify a negative response, broadcasters must cite a realistic danger to substantial program disruption - perhaps caused by insufficient notice to allow adjustments in their schedule - or of an excessive number of equal time requests.". (1) Except in those States in which State law authorizes the operation of STAA-dimensioned vehicles on all public roads and highways, all States shall have an access review process that provides for the review of requests for access from the National Network. Where it limits the exercise of discretionary power, it requires that a party is able to explain its performance (or failure to perform as expected). This is a subjective test of determining if a person is negligent, meaning he/she did not exercise reasonable care. 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