T. Scott Thompson

T. Scott Thompson

Davis Wright Tremaine LLP

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FCC Wireless Shot Clock Trumps Complex Local Processes, Says First Circuit While Addressing Section 332 “Final Action” Requirement

On Jan. 8, 2016, in Global Tower Assets, LLC v. Town of Rome, the U.S. Court of Appeals for the First Circuit held that a wireless permit applicant must go through all administrative appeals required by local law before there...more

1/16/2016 - Administrative Appeals Communications Act 2003 FCC Final Action Shot Clock State and Local Government Wireless Industry

FCC Wireless Infrastructure Deployment Rules Affirmed By Fourth Circuit

On Friday, December 18, 2015, the U.S. Court of Appeals for the Fourth Circuit affirmed the FCC’s rules implementing Section 6409(a) of the Spectrum Act, including the “deemed granted” remedy for a local government’s failure...more

12/22/2015 - Cell Towers Chevron Deference FCC Mobile Broadband Services Spectrum Tenth Amendment Wireless Industry

Special Legal Challenges in Reclassifying Wireless Broadband As a “Telecommunications Service”

As noted in the main text, the Order’s analysis of wireless broadband proceeds in two steps. First, as noted there, the Order reviews the technical and market characteristics of broadband Internet access service (BIAS) in...more

3/17/2015 - Broadband Internet Internet Service Providers (ISPs) Mobile Devices Telecommunications

Second Circuit Confirms Town Of Greenburgh Unlawfully Denied Crown Castle DAS Network

On Friday, Jan. 17, 2014, the U.S. Court of Appeals for the Second Circuit affirmed that the Town of Greenburgh, New York, had unlawfully denied Crown Castle’s application to install a 20 node distributed antenna system (DAS)...more

1/23/2014 - Cell Towers Communications Act of 1934 Municipalities Shot Clock Telecommunications Urban Planning & Development Utilities Sector

Supreme Court Upholds FCC Authority to Address Wireless Siting

The Supreme Court today issued its decision in City of Arlington v. FCC—the case challenging the FCC’s 2009 “Shot Clock” declaratory ruling. The Supreme Court affirmed the Fifth Circuit, holding that Chevron deference applies...more

5/21/2013 - FCC Preemption SCOTUS Shot Clock Wireless Industry

FCC Opens Proceeding to Explore Release of Additional Spectrum in 5 GHz Band for Use in “Gigabit” Wi-Fi Networks

On Feb. 20, 2013, the Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking (NPRM) and initiated a proceeding to release 195 megahertz of additional spectrum for potential use by unlicensed devices...more

2/22/2013 - Broadband FCC Spectrum Wireless Technology

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