Communications & Media Zoning, Planning & Land Use

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An Oft-Forgotten Detail in Infrastructure Deals – Telecom Licenses

Much of the nation’s infrastructure, from energy to transportation, depends upon telecommunications for safe and efficient operation. The facilities that provide such communications services generally are proprietary...more

La propuesta de presupuesto del condado de Miami-Dade confirma el compromiso con las P3

La semana pasada, el alcalde del condado de Miami-Dade, Carlos Giménez, presentó la propuesta de presupuesto para el año fiscal 2015-16 y el plan de inversión de capital multianual. Un repaso de las partidas del presupuesto...more

Open Internet Rules Become Effective June 12: Impact on Pole Attachments

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

Twelve Communities in Western Mass. on Board for Muni Broadband Project

This country was founded upon communities in New England helping themselves instead of relying on others to fix their problems, said Blair Levin, Gig.U executive director, speaking to us on municipal broadband projects. So...more

Proposed California Law Would Automatically Approve Applications for Cell Sites

Municipalities Should Act Immediately if They Wish to Make their Views Known to their Legislators - The California State Assembly’s Local Government Committee has unanimously voted Assembly Bill 57 out of committee,...more

Proposed Law Before N.C. General Assembly Would Overhaul State's Billboard and Outdoor Advertising Laws

Filed March 17, 2015, Senate Bill 320 proposes significant revisions to State laws governing billboards and outdoor advertising. In this post, we review some of the changes that would result from Senate Bill 320 in its...more

Impact of Reclassification on Pole Attachments

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

FCC Opens Utility and Telephone Poles to Google

The Federal Communications Commission has finally released its long awaited Open Internet Report and Order on Remand, Declaratory Ruling, and Order establishing a new policy on the status of broadband Internet access service...more

Drones, Googleplexes and Hyperloops

I don’t know if it’s just me, or if there has been a lot of news lately along the fringes of technology and construction... ...more

The Electronic Communications Code - Some Basics

The Electronic Communications Code (“Code”) provides statutory rights to telecommunications operators to install and maintain electrical communications apparatus in, over or under land. The principle of the Code is that no...more

Pennsylvania and Ohio High Courts Issue Decisions Impacting Oil and Gas Operators

Supreme Court of Pennsylvania Declines to Extend Primary Term of Oil and Gas Lease - In Wayne Harrison, et al. v. Cabot Oil & Gas Corp., Case No. 75 MAP 2014 (Pa. Feb. 17, 2015), the Supreme Court of Pennsylvania...more

Major Verdict in Electric Utility Easement Case

More than five years after starting in state court before later restarting in federal court, a federal court jury in Missouri has issued a major verdict in litigation concerning the use of electric utility easements for...more

Appellate Court Addresses Judicial Discretion As to Record on Appeal from Quasi-Judicial Decision

Last week, the North Carolina Court of Appeals addressed some unique issues with respect to the trial court record in an appeal of a quasi-judicial proceeding....more

Landlord’s Checklist For Cell Tower Transfers

The Federal Communications Commission recently closed a spectrum auction that raised more than $41 billion. Among the companies making a large investment in the auction was Verizon. It reportedly spent $10.4 billion for this...more

A Closer Look At T-Mobile V. Roswell

On Jan. 14, the U.S. Supreme Court issued its long-awaited decision in T-Mobile South LLC v. City of Roswell, holding that the city violated the "in writing" requirement of the Federal Telecommunications Act of 1996, 47...more

CEQA Year In Review 2014: A Summary Of Published Appellate Opinions And Legislation Under CEQA

In This Issue: - When Does CEQA Apply? - Exemptions from CEQA - Negative Declarations - Environmental Impact Reports - Certified Regulatory Programs - Supplemental CEQA...more

U.S. Supreme Court Tells Cities to Explain a Cell Tower Denial in Timely Fashion, Even if in a Separate Document

The tension between demand for high-quality, ubiquitous cell phone service and opposition to cell towers in residential neighborhoods has resulted in significant disputes between wireless carriers and municipalities over...more

High Court Reaffirms Local Government's Authority in Denials of Applications for Cell Towers

Decision Clarifies that Local Government’s Decision Need Not State Reasons if they are Contemporaneously Published Elsewhere - A local government need not state the reasons for its denial of a new cell-tower...more

U.S. Supreme Court Holds in Favor of Cell Tower Siting Applicants

On January 14, the U.S. Supreme Court in T-Mobile South, LLC v. City of Roswell, held that the City of Roswell ("City") violated the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(B)(iii) (the "Telecommunications...more

Fresh Bill In Newly-Convened N.C. State Legislature Aims At Condemnation Powers

Portending what is likely to be a significant legislative session for local government powers and real property rights in North Carolina, the first "substantial" bill introduced in the 2015-2016 session of the North Carolina...more

T-Mobile South, LLC v. City of Roswell – Contemporaneous Reasons Needed for Denying Cell Towers

On January 14, 2014, the United States Supreme Court issued its opinion in T-Mobile South, LLC v. City of Roswell. At issue was the breadth of the requirement in 47 U.S.C. § 332(c)(7)(B)(iii) of the Telecommunications...more

Supreme Court Decides T-Mobile South, LLC v. City of Roswell, Georgia

On January 14, 2015, the Supreme Court decided T-Mobile South, LLC v. City of Roswell, Georgia, No. 13-975. The Court held that the Telecommunications Act of 1996, 47 U.S.C. §332(c)(7)(B)(iii), requires a locality to provide...more

U.S. Supreme Court Victory for T-Mobile

On January 14, 2015, the U.S. Supreme Court issued an opinion in T-Mobile South, LLC v. City of Roswell, Georgia, Case No. 13-975, reversing a decision of the Eleventh Circuit Court of Appeals. At issue: whether an...more

American Tower Corporation v. City of San Diego (2014): Further Guidance From The Ninth Circuit On The Regulation Of Data Towers...

The Ninth Circuit recently addressed cell phone tower issues in the matter of American Tower Corporation v. City of San Diego (2014) 763 F.3d 1035, affirming that a local government has a wide degree of discretion to regulate...more

National League of Cities Issues Report on the Sharing Economy

The National League of Cities has released a report on the current climate across the nation with regard to the “sharing economy” that may provide localities who are dealing with these issues potential templates to follow....more

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