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Wireless Landlords Checklist

On May 28th, 2024, T-Mobile announced as part of its acquisition of UScellular operations, it would “enter into a new long-term Master License Agreement on a minimum of 2,015 incremental towers owned by UScellular and extend...more

Updated Rules Restricting Artificial and Prerecorded Calls Apply to Local Governments

Background on the Telephone Consumer Protection Act - Congress enacted the Telephone Consumer Protection Act (TCPA) in 1991 to address the growing number of uninvited marketing calls, including calls made by local...more

FCC Creates $100 Million Outreach Grant Program for Affordable Connectivity Program

Local Governments Eligible To Compete for These Funds - As part of the Infrastructure Investment and Jobs Act, Congress created the $14.2 billion Affordable Connectivity Program (ACP). The ACP provides eligible households...more

8/12/2022  /  Broadband , FCC , Telecommunications

Process for Federal Internet Infrastructure & Digital Equity Fund Distribution Begins

The Department of Commerce’s National Telecommunications and Information Agency (NTIA) recently released Notices of Funding Opportunity for several programs adopted as part of the 2021 Infrastructure Investment and Jobs Act...more

FCC Issues New Guidance for Affordable Connectivity Program

Local Government Voices Have Been Heard - The Federal Communications Commission (FCC) has adopted a Report and Order to establish rules for the $14.2 billion Affordable Connectivity Program (ACP). The ACP provides eligible...more

1/19/2022  /  Broadband , FCC , Telecommunications

Sixth Circuit Cable Order Challenged by City Coalitions

Franchise Requirements Should Not be Treated as Franchise Fees and Cable Operators Can be Charged Fees on Non-Cable Services, Cities Argue - Three coalitions of cities filed briefs with the U.S. Sixth Circuit Court of...more

FCC Continues to Undercut Local Authority on OTARD

Oversight of Satellite Dishes and Certain Antennas Curtailed - The FCC’s over-the-air reception devices (known as OTARD) rules (47 C.F.R. §1.4000) limit local governments’, homeowner associations’ and condominium boards’...more

FCC Further Regulates Artificial or Prerecorded Voice Calls

Public Agencies Using Robocalls Have New Limitations/Obligations - The FCC issued two new orders placing additional limits on robocalls and outlining phone companies’ obligations to help in that effort. The orders,...more

FCC Clarifies That Prohibitions on Robocalls Apply to Local Governments

Telephone Consumer Protection Act and Public Agencies - The FCC approved an Order on Reconsideration on Monday that clarifies that the Telephone Consumer Protection Act’s prohibition against robocalls applies to...more

Cell Site Landlords: Expect Increase in Requests to Install Generators

Don’t Surrender Your Property Rights - Cell tower operators will soon have the regulatory right to deploy generators and other communications equipment up to 30 feet outside of their current site under rule changes adopted...more

11/18/2020  /  Cell Towers , FCC , Landlords , Property Owners

5G Infrastructure Decision Mixed for Local Governments

Ninth Circuit Takes on FCC Small Cell Orders - The U.S. Ninth Circuit Court of Appeals handed local governments some wins in a decision last week arising from the court’s consolidation of five appeals from three FCC 5G...more

FCC Adopts Rules that Could Impact Concealment of Wireless Infrastructure

How Communities Can Respond - The FCC adopted a Declaratory Ruling and Notice of Proposed Rulemaking ("Order" and "NPRM," respectively) related to Section 6409 modification requests (eligible facilities requests) on June...more

FCC Denies Cable Franchise Order Stay Request But Provides Implementation Guidance

When the FCC’s Cable Franchise Order became effective on Sept. 26, it upended 35 years of common understanding on what a local government could obtain in cable franchise negotiations, which could cost local governments...more

FCC Releases Cable Order that Will Cost Communities Hundreds of Millions of Dollars

The FCC released its third Section 621 Report and Order late Friday, which has the potential to cost local governments hundreds of millions of dollars in cable franchise fees. Also, unlike FCC cable orders in the past 10...more

FCC’s OTARD Rule Proposal: Comment Period Open - Partner Gerry Lederer Discusses New Developments in PublicCEO

The Federal Communications Commission has proposed an expansion of its rules for Over-the-Air Reception Devices in what it says is an effort to spur the deployment of 5G infrastructure. The FCC’s recommended changes have...more

Further FCC Assault on Local Zoning - Join Coalition to Fight Proposed Expansion of OTARD Rule

The Federal Communications Commission is once again seeking to usurp local authority as part of its agenda for 5G deployment. Last week, the FCC requested comments on a proposal to expand its Over-the-Air Reception Devices...more

New FCC Shot Clocks and Other Rules Preempting Local Authority Over Wireless Take Effect Today - Federal Shutdown Does Not Delay...

A pair of orders by the 10th Circuit U.S. Court of Appeals in the litigation over the FCC’s controversial small cell order were issued Thursday. ...more

FCC Takes First Of Two Actions: Could Cost Local Government Billions in Next Decade - Communities Coalition Forming Now

The FCC today released a Second Notice of Proposed Rulemaking that, if adopted, would allow cable operators to deduct the value of in-kind contributions from cable franchise fee payments, and would limit the authority of...more

Proposed FCC Actions Will Limit Local Control And Cut Revenues - Immediate Action Needed — Community Coalition Forming

The FCC is poised to issued two orders: a $2 billion unfunded mandate “Small Cell” order that imposes rules akin to state small cell laws (such as SB 649 vetoed in 2017 by California Gov. Jerry Brown)....more

FCC Bans Moratoria on Communications Facilities Deployment - Action Needed by Local Government Agencies

The FCC has banned moratoria related to wired and wireless telecommunications equipment deployment. In a party-line vote Aug. 2, the FCC adopted its Third Report and Order and Declaratory Ruling, which also creates a...more

New Federal 911 Law Could Impact Many Public Agencies and Businesses - Kari’s Law Sets New Requirements for Multi-Line Telephone...

Recently, H.R. Bill 582, known as “Kari’s Law” became federal law. Kari’s Law amends the Communications Act of 1934 to require most multi-line telephone systems to be pre-configured so users may call “911” without dialing any...more

Red Flags on Wireless: A Recent Resignation Signals Industry-Weighted Regulations Ahead - Local Governments Should Speak Up Now...

When San Jose Mayor Sam Liccardo resigned from a FCC advisory committee last week, it was a move that should alert communities around the country that they are facing the imminent prospect of new federal regulations (and...more

Local Government Reaction is Swift to FCC’s Wireless Regulation Actions

San Jose Mayor Sam Liccardo’s resignation from the FCC’s Broadband Deployment Advisory Committee last week signals that communities around the country are facing the imminent prospect of new federal wireless regulations (and...more

Sixth Circuit Overturns FCC Cable Order - Partner Joseph Van Eaton Represented a Coalition of Communities

An FCC order that local governments, schools and the public have opposed for almost a decade was reversed by the U.S. Sixth Circuit Court of Appeals. The case is Montgomery County v. FCC, which had its genesis in an FCC...more

Good News for Public Agencies and Communities on Regulation of Cable Systems

An FCC order that local governments, schools and the public have opposed for almost a decade was reversed today by the U.S. Sixth Circuit Court of Appeals....more

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