Communications & Media Law › Zoning, Planning & Land Use

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

CPUC Seeks to Revisit Controversial Decision on CEQA Process for Telecommunications Projects - Public Agency Participation is...

After a pause of more than a year, the CPUC has revived its effort to determine whether and how it will conduct environmental review of certain telecommunications projects under the California Environmental Quality Act...more

Earth Matters - April 2013

In This Issue: - Making Solar Power More Affordable for New Yorkers - Fracking Moratorium Leads to Termination of Oil and Gas Leases - New Water Withdrawl Permit Requirements - Update on Federal Trade...more

Utility Pole Not A Point Source Under The Clean Water Act

Last week the Ninth Circuit held that utility poles are not “point sources” of stormwater discharge nor “associated with industrial activity,” and therefore do not require an NPDES permit to comply with the Clean Water Act....more

FCC Provides Guidance on Tower Site Collocation

In order to help wireless communications providers meet the need for new facilities to satisfy the exploding demand for service, last year Congress enacted legislation designed to make it easier to add, remove or replace...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

Earth Matters - October 2012: Phillips Lytle Succeeds in Overturning a Zoning Denial for a Client

Earlier this year, Phillips Lytle successfully challenged a Town’s denial of a client’s application for a zoning use variance to construct and operate a wireless telecommunications tower within a privately-owned, large rural...more

OFT Issues short-form opinion in record time

Short-form opinion on rural broadband wayleave rates - On 23 August the Office of Fair Trading (OFT) issued a non-binding short-form opinion on proposals by the National Farmers’ Union (NFU) and the Country Land and...more

FCC Proposes Regulatory Fees for 2012

The FCC just released its Notice of Proposed Rulemaking to establish the regulatory fees to be paid by each of the entities that it regulates. Each year, before the FCC collects its annual regulatory fees from broadcasters...more

New Maine Tax Legislation for 2012

This year’s short legislative session produced significant new tax laws dealing with all of Maine’s major taxes, as well as increased legislative oversight of Maine Revenue and dynamic fiscal analysis. Below is a brief...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

FCC Refuses to Grant Leniency on Construction of New Radio Station After Construction Permit Deadline - Cancels Permit

When building a new radio station, the FCC gives broadcasters three years in which to construct.  The deadline for construction can only be extended for limited reasons (referred to as circumstances that justify...more

Strong Interest in FCC Auction for New FM Construction Permits

The FCC today released its further Public Notice in connection with FCC Auction No. 93, which offers for sale 119 construction permits for new FM radio stations in various communities across the...more

All I Want for Christmas is a New Radio Station: Window for FM Auction Opens Jan. 3

As the year hurtles to a close and desks are cleared for the holidays, don't forget that the window for filing an application to participate in the upcoming FCC Auction opens on January 3, 2012, the first business day of the...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

SZD Public Law Case Law Update

SZD’s Public Law Practice Group shares its review of important Ohio public and municipal case law. Please review our relevant public law case summaries from April - June, 2010. Cases are organized by topic, listed...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

National Broadband Plan Recommends Lower, Uniform Pole Attachment Rates

The Federal Communications Commission ("FCC") released its long-awaited National Broadband Plan (the "Plan") on March 16, 2010. The Plan emphasizes that encouraging and facilitating access to infrastructure, such as utility...more

Communications and IT Advisory: Ninth Circuit Decision a Victory for Landline and Wireless Telecommunications Providers

Communications and IT Advisory: Ninth Circuit Decision a Victory for Landline and Wireless Telecommunications Providers

On June 13, 2007, the United States Court of Appeals for the Ninth Circuit issued a decision that will have important ramifications on the ability of both wireless telecommunications providers and telecommunications providers...more