On August 12, 2020, a three-judge panel of the 9th Circuit in City of Portland v. FCC rejected multiple challenges to the Federal Communications Commission's (FCC) Small Cell, Local Moratoria, and OTMR orders in all but one...more
— Lone issue on 5G "aesthetics" in Small Cell Order remanded to FCC — Dissent limited to disagreeing with FCC's above-cost prohibitions on municipal fees in Small Cell Order - On August 12, 2020, a panel of the 9th Circuit in...more
On July 29, 2020, the Federal Communications Commission's (FCC or Commission) Wireline Competition Bureau (WCB) released a Declaratory Ruling clarifying certain aspects of its rules governing the deployment of communications...more
In response to COVID-19, local governments across the country have imposed moratoria on work in the ROW, or have closed permitting offices or public works departments altogether. In some places, we understand that utility...more
On October 1, 2019, a divided panel of the D.C. Circuit issued a lengthy per curiam decision that largely upheld the Federal Communications Commission’s (FCC) Restoring Internet Freedom order, issued by the agency in early...more
Pennsylvania will become the twenty-first state to certify to the Federal Communications Commission (FCC) that it regulates third-party attachments to electric utility and telephone poles. ...more
On August 1, 2019, the Federal Communications Commission (FCC) ruled that most non-cash (in-kind) assessments required by cable franchises constitute franchise fees subject to the 5% cap under the Communications Act. ...more
New “One Touch Make-Ready” Regime Proposed with Shortened Timeframes and Revised Terms for Completing Pole Attachment -
Draft Declaratory Ruling Would Prohibit State and Local Moratoria on Wireline and Wireless Deployment...more
The wheel that is U.S. policy on “net neutrality” has taken another turn. On November 22, 2017, the FCC released a draft of the Internet Freedom Order, which, when effective, will reverse the Commission’s 2015 Open Internet...more
In the first decision to consider the legality of a “one touch” make-ready ordinance, a federal district court in Kentucky upheld a City of Louisville law authorizing new attachers to utility poles to rearrange the pole...more
On July 12, 2017, the U.S. Court of Appeals for the Sixth Circuit vacated two parts of the Federal Communications Commission’s decisions that had limited the ability of local franchising authorities (LFAs) to regulate...more
On March 30, 2017, the FCC released a draft of a combined Notice of Proposed Rulemaking, Notice of Inquiry and Request for Comment designed to facilitate and accelerate the deployment of next generation broadband networks....more
On Friday, June 12 – barring a judicial stay – many of the FCC’s “Open Internet” rules will become effective. A significant consequence of the reclassification of retail broadband Internet access service (BIAS) as a...more
The Order recognizes that the deployment of communications networks and broadband infrastructure depends heavily on access to utility poles on reasonable rates, terms and conditions. Accordingly, the Order declined to...more
In a significant victory for cable and telecommunications providers, today the U.S. Court of Appeals for the District of Columbia Circuit, in a unanimous opinion, upheld the FCC’s April 2011 decision (2011 Pole Order)...more
The New Hampshire Public Utilities Commission (PUC) today issued an order approving a settlement of a pole attachment rate dispute between Public Service Company of New Hampshire and Time Warner Entertainment Company L.P....more