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Re: You're missing the point
Author: Mark
Date: 07-04-2013 - 15:42
Dr Zarkov Wrote:
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> >It's clear you still haven't read the court's
> decision.
>
> It's not exactly clear whether you have either.
> More specifically, you don't appear to have read
> the offending section 207. Please do so post-haste
> and tell us specifically how it gives Amtrak this
> regulatory power (and don't merely parrot the
> court decision's text). Outside of refusing to
> sign a "metrics-based" operating contract, I don't
> find where Amtrak has this power. If Amtrak can't
> refuse to sign a contract it doesn't like, the
> same must apply to the host RRs, etc.
I did read section 207 before commenting here and it's quite obvious that Amtrak (and the FRA) were given regulatory authority to establish metrics to be imposed on the freight railroads.
You seem to be confused because I don't see where Amtrak ever objected to creating or using the metrics in operating agreements. It's the freight railroads who objected because they were being strong-armed into using metrics based on whatever Amtrak (using unconstitutional regulatory authority) and the FRA wanted.
If you're still adamant that section 207 never gave Amtrak this power, can you cite specific passages to support your theory? I'm just not seeing what you're referring to.
-------------------------------------------------------
> >It's clear you still haven't read the court's
> decision.
>
> It's not exactly clear whether you have either.
> More specifically, you don't appear to have read
> the offending section 207. Please do so post-haste
> and tell us specifically how it gives Amtrak this
> regulatory power (and don't merely parrot the
> court decision's text). Outside of refusing to
> sign a "metrics-based" operating contract, I don't
> find where Amtrak has this power. If Amtrak can't
> refuse to sign a contract it doesn't like, the
> same must apply to the host RRs, etc.
I did read section 207 before commenting here and it's quite obvious that Amtrak (and the FRA) were given regulatory authority to establish metrics to be imposed on the freight railroads.
You seem to be confused because I don't see where Amtrak ever objected to creating or using the metrics in operating agreements. It's the freight railroads who objected because they were being strong-armed into using metrics based on whatever Amtrak (using unconstitutional regulatory authority) and the FRA wanted.
If you're still adamant that section 207 never gave Amtrak this power, can you cite specific passages to support your theory? I'm just not seeing what you're referring to.
