Communications & Media Administrative Agency Zoning, Planning & Land Use

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Court Upholds City's Ability to Regulate an Advertising Sign After Finding the City's Decision was Supported by Substantial...

After over 35 years of advertising its business with a 35 foot pole sign, the Court of Appeal agreed with the City of West Sacramento that the time had come for U-Haul to reduce the sign's height to 12 feet in compliance with...more

FCC Wireless Rulemaking - 2013 (Presentation)

FCC Has Commenced New Rulemaking on Wireless - • Rulemaking issued Thursday, Sept. 26; 60-day initial comment period after Fed. Reg. publication. • Local authority is at risk: ..Basic assumptions underlying many...more

Wireless Site Applications: It's My Party (the FCC) and I'll Decide How I Want To

When a Federal statute is ambiguous, who gets to decide what it means — judges or the agency in charge of administering the statute? In its recent holding in City of Arlington v. Federal Communications Commission issued...more

Supreme Court Upholds FCC's Authority To Impose Time Limitations on Land Use Approvals for Wireless Facilities

Last month, the U.S. Supreme Court ruled in a 6-3 decision that the Federal Communications Commission (FCC) had authority under the Telecommunications Act of 1996 to impose time limits for state and local governments to act...more

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

U.S. Supreme Court Allows FCC to Determine its Own Authority - Decision Upholds FCC Time Restrictions on Local Government...

The United States Supreme Court issued its decision in City of Arlington v. FCC, ruling that if an agency has general rulemaking or adjudicative power under a statute, courts must defer to all of the agency’s reasonable...more

City May Not Settle Litigation By Negotiating Away Police Powers; Permits Issued Pursuant To Such Settlement Are Invalid

In Summit Media, LLC v. City of Los Angeles (--- Cal.Rptr.3d ----, Cal.App. 2 Dist., December 10, 2012), a California court of appeal considered a challenge to a settlement of a lawsuit between outdoor advertising companies...more

Earth Matters- October 2012: New Legislation Should Promote Cell Tower Improvements

Effective February 22, 2012, Congress passed new legislation that precludes state and local governments from denying, and directs them to approve, modifications to existing wireless towers or base stations that do not...more

CMS Issues Final Rule on DMEPOS Telemarketing and Supplier Standards

On March 14, 2012, the Centers for Medicare and Medicaid Service (CMS) issued a Final Rule (Final Rule) revising and relaxing four of the 30 Medicare supplier standards applicable to suppliers of durable medical equipment,...more

Local Matter Or Federal Case? The Network Of Cell Tower Regulation In California By Arthur F. Coon and Sean Marciniak*

I. INTRODUCTION. Few planning and zoning decisions generate more controversy than the placement of cellular phone antennas. If the proposed site lies near a residential area, neighbors often will organize for purposes...more

203 17th Realty LLC et al. v. City of New York

Complaint and Jury Demand

Complaint against the City of New York seeking various forms of relief including for civil rights violations under 42 USC section 19893 by various New York City building owners. The plaintiffs have been assessed with...more

OTR Media Group, Inc. v. The City of New York, et al.

Summary Statement on Application for Expedited Service and/or Interim Relief

We filed a motion, based on an affidavit filed by the Chief Executive Officer of OTR Media Group, in New York's Appellate Division, First Department to stay the enforcement of the decision and order of Supreme Court, New York...more

OTR Media Group, Inc. v. The City of New York et al.

Affidavit in Support of Motion by OTR Media Group, Inc. for a Stay of Enforcement of Summary Judgment Order

We filed a motion, based on this affidavit from the Chief Executive Officer of OTR Media Group, in New York's Appellate Division, First Department to stay the enforcement of the decision and order of Supreme Court, New York...more

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