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Communications & Media Zoning, Planning & Land Use

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

CPUC Rulemaking Opens Door to Revisit Impacts of Wireless in Public Rights of Way - Local Governments Should Respond by May 3

by Best Best & Krieger LLP on

The California Public Utilities Commission just opened a proceeding that may redefine the rights of wireless providers and wireless infrastructure providers to use utility poles and public rights of way. In addition, the CPUC...more

Solving the Problem of the Unchecked Rise of Short-Term Rentals

by Best Best & Krieger LLP on

The Internet has created innovative inroads into traditional vacation lodging. Websites like Airbnb, VRBO and Flipkey provide vacationers with affordable lodging in prime locations, furnished with all the comforts of a home....more

Sky Signs, Colossal Murals and Billboards, Oh My

by Farrell Fritz, P.C. on

Two recent New York cases brought to mind the well-known poem about trees. No, not the one written by Joyce Kilmer. The other one, written by Ogden Nash. Who can ever forget those immortal words. “I think that I shall never...more

Billboards in Unincorporated Areas of California Subject to City, County Regulations

by Best Best & Krieger LLP on

Many of California’s roadways are littered with advertising. A question regarding oversight of roadside billboards, however, has long remained: Does the state have ultimate control or can municipalities weigh in on...more

FCC Shot Clock Not Tolled by Applicant Delays or Vague Notice of Incompleteness, Court Finds

by Best Best & Krieger LLP on

A city granting an applicant’s request for a continuance of a public hearing over installation of a wireless tower is not a mutual agreement to toll the FCC’s “shot clock,” a federal court has ruled. In addition, a vague...more

Ohio Enacts Small Cell Deployment Measures: Limits Local Governments

by Davis Wright Tremaine LLP on

On December 7, 2016, the Ohio Legislature passed Senate Bill No. 331, which, among other issues, would amend Ohio law to promote the prompt deployment of small cells and Distributed Antenna Systems (“DAS”) by significantly...more

Ohio Supreme Court Rules No Compensable Taking Occurred as a Result of Filming Captain America: The Winter Soldier in Downtown...

Earlier this month the Ohio Supreme Court ruled that reduced access to a downtown Cleveland parking lot did not constitute a compensable taking under the Ohio Constitution. The case arose after the City of Cleveland granted a...more

Billboard Regulations: Cities and Counties

by Best Best & Krieger LLP on

No State Preemption of Local Billboard Regulations, California Appellate Court Finds - The Outdoor Advertising Act does not preempt local regulation of billboards, a California appellate court has ruled. In a decision...more

Cities and Counties Can Regulate Billboards in Unincorporated Areas

by Best Best & Krieger LLP on

Long-Standing Questions Addressed by California Appellate Court - The Outdoor Advertising Act does not preempt cities and counties from regulating billboards in unincorporated areas, a California Appellate Court ruled....more

New York Issues DFS Permits

Just days after a New York State’s Daily Fantasy Sports law was passed, the New York Gaming Commission announced it has issued temporary permits to 5 DFS operators. The companies are DraftKings, FanDuel, Yahoo, Fantasy Draft...more

Federal Court: Virginia Municipalities Must Treat Telecommunications Providers The Same As All Other Utilities In The Public Right...

by Davis Wright Tremaine LLP on

On Monday Aug. 8, 2016, the U.S. District Court for the Eastern District of Virginia issued an opinion in Crown Castle v. City of Newport News, holding that Crown Castle proved at trial that the City of Newport News violated...more

Public-Private Partnerships in Municipal Broadband Internet

by Best Best & Krieger LLP on

Cities have long been the center of economic growth in our country, and smart cities recognize that modern infrastructure is a key threshold issue to be addressed for successful economic development....more

City Ordinance Banning New Outdoor Billboards, but Authorizing Relocated Ones, Upheld by California Court

by Best Best & Krieger LLP on

Authorizing Relocated Ones Upheld by Court; Constitutional Challenges Rejected; Injunction Order to Remove Billboard Affirmed - The City of Corona has prevailed in a constitutional challenge to its enforcement of a...more

FCC Delays Effective Date of Oklahoma Tribal Lifeline Change to June 8

This past Tuesday, the FCC’s Wireline Competition Bureau issued an Order delaying for 120 days the effective date of the agency’s new interpretation of “former reservations in Oklahoma” for purposes of delineating the area in...more

Moratoriums Do Not Prohibit Billboard Relocations

by Nossaman LLP on

Because billboards are typically near public transit, they are routinely impacted by public projects such as street widenings, highway and freeway expansions, and grade separation projects. When impacted, billboard companies...more

VT Supreme Court Upholds PSB Approval of Bennington Tower

by Downs Rachlin Martin PLLC on

On November 19, 2015, the Vermont Supreme Court decided in favor of VTel Wireless, Inc. and upheld the Public Service Board’s approval of a telecommunications tower in Bennington, Vermont. This decision marks only the second...more

Bureau of Indian Affairs New Rights-of-Way Rules Provide Clarity and Certainty to Communications Providers

by Kelley Drye & Warren LLP on

With both Congress and the Administration focused on streamlining federal permitting and promoting Dig Once policies, the Department of Interior’s Bureau of Indian Affairs (BIA) published updated rules for access to...more

Constitutional Court Provides Clarity on Rights of Licensees to Construct Facilities on Another Person's Land Under the Electronic...

by Dentons on

In City of Tshwane Metropolitan Municipality v. Link Africa (Pty) Ltd and Others (CCT 184/14) [2015] ZACC 29, the Constitutional Court confirmed the constitutionality of a provision in the Electronic Communications Act 36 of...more

China Regulatory Enforcement Quarterly - Q3 2015

by DLA Piper on

On August 12, a series of explosions in the northern port-city of Tianjin killed over one hundred people and injured hundreds of others. The explosions were allegedly caused by hazardous chemical materials in shipping...more

CPUC Proposed Decision Extends Pole Attachment Rights to CMRS Providers

by Davis Wright Tremaine LLP on

On Friday, October 30, 2015, the Assigned Commissioner to a rulemaking at the California Public Utility Commission (“CPUC”) issued a Proposed Decision to extend the state’s pole, conduit and right of way access rights to...more

Worth the Wait? After Thirty-Six Years, the Washington Utilities and Transportation Commission Takes Comprehensive Action on Pole...

by Davis Wright Tremaine LLP on

On October 21, 2015, the Washington Utilities and Transportation Commission (“WUTC”) adopted a comprehensive set of pole attachment rules (hereinafter “Pole Attachment Rules”), following a year-and-a-half-long rulemaking and...more

Absent Timely Local Processing, New California Law Automatically Approves Applications for New Cell Sites and Large Colocations

by Best Best & Krieger LLP on

Municipalities Should Ensure They Will Be in Compliance - A new California law signed by Gov. Jerry Brown on Friday deems approved an application for new wireless towers and facilities and some colocations. The law...more

California Law Presented to Governor Would Automatically Approve Certain Applications for Cell Sites

by Best Best & Krieger LLP on

Localities Should Contact the Governor Immediately to Urge a Veto - A bill that would “deem approved” applications for new wireless facilities in certain circumstances was sent to Gov. Jerry Brown yesterday for his...more

As MassPort Boss Reminds Us, Boston Wouldn't Be The Hub without Fishing, Seafood

by PretiFlaherty on

Tom Glynn was careful to describe Boston’s hottest new neighborhood as the South Boston Waterfront in an op-ed piece he wrote for the Boston Globe the other day. You would expect nothing different from the CEO of the...more

An Oft-Forgotten Detail in Infrastructure Deals – Telecom Licenses

by Davis Wright Tremaine LLP on

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

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