The term reasonable places a limit on discretionary power or the effect of overly strict obligations. Definition of. In fact, the Commission views its role as assisting broadcasters and candidates to strike an appropriate balance between political speech and undue burdens on other programming. But I’ll start by considering in this post how the notion of reasonableness is used in contracts. TRUCK SIZE AND WEIGHT, ROUTE DESIGNATIONS - LENGTH, WIDTH AND WEIGHT LIMITATIONS. Learn more. 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.". What Does “Reasonable Times, Reasonable Notice” Visitation Mean? Electronic Code of Federal Regulations (e-CFR), Chapter I. Reasonable definition: If you think that someone is fair and sensible you can say that they are reasonable . Remit of Reasonable Access. 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. Reasonable access. 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. The answer is no. 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. The most obvious example of vagueness is the word reasonable.It introduces an objective standard in the contract. 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. Reasonable definition: If you think that someone is fair and sensible you can say that they are reasonable . | Meaning, pronunciation, translations and examples (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. 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.". Suitable; just; proper; ordinary; fair; usual. LISTENER ENGAGEMENT DIRECTOR / ON-AIR HOST, Life 101.9, THE LATEST VIRAL TIK TOK TREND...JOE "CRASH" KELLEY. reasonable meaning: 1. based on or using good judgment and therefore fair and practical: 2. acceptable: 3. not too…. reasonable definition: 1. based on or using good judgment and therefore fair and practical: 2. acceptable: 3. not too…. (e) Approval of access for specific vehicles on any individual route applies to all vehicles of the same type regardless of ownership. This is a subjective test of determining if a person is negligent, meaning he/she did not exercise reasonable care. 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. This means access to be agreed upon by the parents and to allow a reasonable amount of time with the children for the access parent. 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). So if that applies to all candidates, do you have to make the station available to all candidates who want to buy time? In actual practice minimums have a way of becoming maximums. The general principle in real-estate law is that private property cannot be landlocked, that is, denied reasonable vehicular access from a public road. The FHWA may, at a State's request, approve State provisions that differ from the requirements of this section if FHWA determines that they provide reasonable access for STAA-dimensioned vehicles and do not impose an unreasonable burden on motor freight carriers, shippers and receivers and service facility operators. Distinctions between vehicle types shall be based only on significant, substantial differences in their operating characteristics. It is only required once a competing candidate for the same office has already made use of the station. Re: Why is alternative rock radio so unlistenable as of late? The Act outlines that any business that provides goods or services must make ' reasonable adjustments ' to ensure anyone can access their services. 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. Welcome to AllAccess.com, the web's largest radio and music industry community. He has served at the Federal Communications Commission and has taught Telecommunications Law and Policy at The George Washington University. Gregg represents broadcasters and other parties in their regulatory dealings before the Federal Communications Commission in their commercial business dealings. This column is provided for general information purposes only and should not be relied upon as legal advice pertaining to any specific factual situation. If, in the future, such a State changes its authorizing legislation and restricts the operation of STAA-dimensioned vehicles, then compliance with these provisions will be necessary. 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. Copyright © 2021 All Access Music Group. (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. 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. But neither is the federal candidate's right of access absolute. Sometimes the ad may be so offensive that the broadcaster doesn't want to carry it just as a matter of community relations. This allows the parents to informally make plans that can easily be changed if the situation changes. 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. He serves as Washington Counsel to several state broadcaster associations. I had no interest in getting into a fight with them. See more. For more information, please refer to the Department of Labor Manual Ser… DOL provides reasonable accommodations to applicants for DOL employment and DOL employees with disabilities. Many of the resources and strategies on this site will be useful to any disabled person or representative in asserting and enforcing access rights. Reasonable Access. 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. Reasonable. 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. How to change the WiFi information for the Arris NVG589? (See: negligence, duty of care) He also works with telecommunications companies and with radio device manufacturers to obtain FCC approvals and to assure regulatory compliance. 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. The question of "access" to your station is far different than the question of how to treat candidates equally under Section 315. This is sometimes called reasonable access or liberal and generous access. 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. If the parents are able to co-operate, access plans can be left open and flexible. Equality Commission Northern Ireland (ECNI) and the Equality Human Rights Commission (EHRC) have various enforcement powers, but do not necessarily use them regularly. Had the adjoining owners not been receptive to my offer, I would not have bought that property. In other words, a station may not make a flat policy that, for example, it will not sell more than a specific amount of time, or specific program adjacencies to a federal candidate. Sometimes, parents will include reasonable access in a separation agreement or a court order may give the non-custodial parent reasonable access. Don’t miss our podcasts! 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 … 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. Defenders Livestream on Facebook is available each week and a rich archive of past series are available on our full-length YouTube channel.. So here is the difference: Equal Opportunities applies to ALL legally qualified candidates, whether they are running for local, state or federal office. 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. FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION, Subchapter G. ENGINEERING AND TRAFFIC OPERATIONS, Part 658. Every once in awhile we see “traditional placement” arrangements. (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. State safety analyses may be conducted on individual routes if warranted; and. They help … 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. (B) The automatic approval of an access request if not acted upon within 90 days of receipt by the State. (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. 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." All rights reserved. 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. 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. The term reasonable is a generic and relative one and applies to that which is appropriate for a particular situation.. The law states that parents are entitled to “reasonable access” to their children. Listen the mp3 and you'll know why. An access contingency might also be used. (g) Vehicle dimension limits shall not be more restrictive than Federal requirements. Reasonable Safeguards for PHI are precautions that a prudent person must take to prevent a disclosure of Protected Health Information. | Meaning, pronunciation, translations and examples Some parents see their children every day, while others might see them just once a month. Federal candidates have an undeniable right to purchase "reasonable" amounts of time, even in lengths not recently used by the broadcaster or a commercial advertiser. (b) All States shall make available to commercial motor vehicle operators information regarding their reasonable access provisions to and from the National Network. 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. To protect all forms of PHI: verbal, paper, and electronic, provides must apply these safeguards. Reasonable Access’s formal and legal information will be focused on legal and other systems in the UK (England, Wales, Scotland and Northern Ireland). Below is a link to an ad that many broadcasters tried to refuse. 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. 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. reasonable care. When discussing custody options with my lawyer, she warned me that the definition of “Liberal and Reasonable” was base on what the parent granting the extra time thought was “liberal and reasonable”. Reasonable definition, agreeable to reason or sound judgment; logical: a reasonable choice for chairman. (1) Each State shall submit its access provisions to FHWA for approval within 6 months after June 1, 1990. This means that one parent has “primary placement” of the children, and the other parent has visitation rights. Many times, they are afforded “reasonable times, reasonable notice” visitation. Learn more. 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. (h) States shall ensure compliance with the requirements of this section for roads under the jurisdiction of local units of government. A reasonable doubt exists when a factfinder cannot say with moral certainty that a person is guilty or a particular fact exists. (A) The denial of access to terminals and services only on the basis of safety and engineering analysis of the access route. 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 (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). Find more ways to say reasonable, along with related words, antonyms and example phrases at Thesaurus.com, the world's most trusted free thesaurus. Discrimination because you are perceived to be disabled. The proposed definition of “reasonable and necessary” would be codified in regulation. 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. Whether the broadcaster's explanation of its decision is reasonable in terms of these standards. 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?". (c) Nothing in this section shall be construed as preventing any State or local government from imposing any reasonable restriction, based on safety considerations, on access to points of loading and unloading by any truck tractor-semitrailer combination in which the semitrailer has a length not to exceed 28 Find more ways to say reasonableness, along with related words, antonyms and example phrases at Thesaurus.com, the world's most trusted free thesaurus. 2. This includes providing 'reasonable access' to services - for example, ensuring you have accessible bathrooms if … The history of the requirement is interesting and illuminating as to what it actually means. A lawyer well-versed in custody and visitation issues is a priceless resource when it comes to protecting your rights through this process. 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. 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. So I thought I should take a more general look at the relationship between those two concepts. There are two main exceptions: 1. 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. § 658.19 Reasonable access. The FHWA may approve a State's request for a time extension if it is received by FHWA at least 1 month before the end of the 1 year period. That said, in most states the “standard” or default timeshare for a non-custodial parent is every other weekend, and two weeks during the summer. 1/2 feet and which generally operates as part of a vehicle combination described in §§ 658.13(b)(5) and 658.15(a). Legal decisions should be made only after proper consultation with a legal professional of your choosing. (f) Blanket restrictions on 102-inch wide vehicles may not be imposed. (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. Gregg Skall is a member of the law firm Telecommunications Law Professionals PLLC. Another word for reasonableness. How to use reasonable in a sentence. A question that comes up again and again every political season is: To whom do I have to sell time? Reasonable definition is - being in accordance with reason. The Reasonable Faith podcast features lively conversation about the issues of the day. (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. Disability is also … Reasonable Access means that telephones, computers and other communication devices are easily accessible to residents and are adapted to accommodate resident’s needs and abilities, such as hearing or vision loss. What makes it even more confusing is the Equal Opportunities doctrine. It does not apply an objective, quantifiable standard of how much time is reasonable. (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. Discrimination by association with a disabled person. Another word for reasonable. 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