Cell Towers

News & Analysis as of

How to Get the Best Price for Your Cell Tower Lease

Property owners with cell towers on their buildings or land are routinely approached to sell their cell lease and future leasing rights, which typically sell in the range of 15 to 20 times annual revenues, sometimes...more

A Valuable Discussion About Property Values [Audio]

Just about half of all American homes have cut the cord and rely only on wireless phones. Clearly, people see value in living near a cell phone tower. So how should you respond when you face opposition claiming that your...more

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

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

Failure To Seek Preliminary Injunctive Relief Supports Motion To Dismiss And Renders Appeal Academic

On December 21, 2016, the Appellate Division, Second Department, rendered yet another decision whereby an appeal was dismissed “as academic” on the grounds that during the pendency of the appeal, the land use development...more

Wireless Shot Clock Decision Emphasizes Need for Meaningful Remedy

A recent decision by a federal district court in New York revealed the need for further action by the FCC or Congress to speed the deployment of wireless services demanded by consumers. In Up State Tower Co., LLC v. Town of...more

How Do I Sell My Cell Lease?

Selling a cell lease and future leasing rights for the site in question usually involves three steps. First, deciding whether you want to sell. Often the first question to ask is whether you can take the money from a...more

New FCC and Administration Initiatives Adopted to Support the Internet of Things

The Federal Communications Commission and the Obama administration recently adopted several important initiatives to facilitate innovation in and rapid deployment of the nascent Internet of Things (IoT). The FCC identified...more

The Adnan Syed Case — New Trial Granted Based on Challenge to Cell Tower Data

The Volkov Law Group would like to applaud the efforts of its own Susan Simpson, as well as the rest of the Undisclosed: The State v. Adnan Syed team, for uncovering critical facts that led a Maryland Judge to grant Adnan...more

En Banc Fourth Circuit Rules No Fourth Amendment Protection For Cell-Site Location Information

On May 31, 2016, the U.S. Court of Appeals for the Fourth Circuit held in United States v. Graham, Nos. 12-4659 and 12-4825, in an en banc rehearing, that the government’s acquisition of historical cell-site location...more

Fourth Circuit joins other circuits holding no warrant is required for cell tower data

The Fourth Circuit held that the Government is not required to obtain a warrnt for cell tower data in United States v. Graham, 4th Cir., No. 12-4659, en banc (5/31/16). The Court found that cell tower data was voluntarily...more

OSHA and FCC Hold Public Workshop on Draft Communication Tower Best Practices

On Thursday, February 11, 2016 OSHA and the Federal Communications Commission (FCC) hosted a public workshop to discuss draft Best Practices in Communication Tower Safety, which were compiled after a meeting of industry...more

Not So Fast, Not So Much – Data Protection for Cell Tower Traffic Data

In the context of criminal investigations police in Canada may obtain “tower dump” production orders. These are orders requiring the applicable cellular telecommunications providers to disclose all records of cellular traffic...more

Ontario Court Finds Cellphone Tower “Metadata” is Private

The Ontario Superior Court of Justice (Court) recently ruled in R. v. Rogers Communications that broad cellphone “tower dump” production orders are unconstitutional as unreasonable seizures under section 8 of the Charter of...more

Dragnet No More? Recent guidance on production orders

On January 14, 2016, a judge of the Ontario Superior Court of Justice issued a series of guidelines for future production orders directed to telecommunications companies for cell tower data. Although the guidelines focus...more

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

VT Supreme Court Upholds PSB Approval of Bennington Tower

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

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

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

Migratory Bird Treaty Act: Question Of Unintentional “Take” Primed For Potential Fifth Circuit En Banc Or Supreme Court Review

Recently, industry won a major legal victory regarding liability—or lack thereof—for unintentional and indirect bird deaths under the Migratory Bird Treaty Act (MBTA). Unfortunately, that victory could be short lived,...more

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

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

Supplement — Curtin’s California Land Use

This Supplement is intended for use in conjunction with Curtin’s California Land Use & Planning Law, Thirty-Fourth Edition (2014), authored by Perkins Coie attorneys Cecily Talbert Barclay and Matthew S. Gray. In lieu of...more

FTC’s New Interpretation of Hart-Scott-Rodino Investment Property Exemption May Disrupt Industries Structured Around Prior...

The Federal Trade Commission’s Bureau of Competition Premerger Notification Staff has announced that Hart-Scott-Rodino Rule 802.5 (the “investment rental property exemption”) will no longer be available if the buyer...more

Real World: An Update from Dechert's London Finance and Real Estate Group July 2015: Government Consultation on Reforming the...

The Electronic Communications Code, set out in Schedule 2 to the Telecommunications Act 1984 and amended by the Communications Act 2003, has been much criticised over the last 30 years for being unclear, out of date and...more

Looking Backward: West Virginia Retroactively Imposes Coverage for Faulty Workmanship

A notorious moving target in the field of coverage litigation is an insurer’s responsibility under a commercial general liability policy for the policyholder’s faulty workmanship. The key question is usually whether the...more

The Oman Update - The Official Gazette 1102

Sultani Decrees - Sultani Decree 20/2015 - Promulgating the GCC Common Law of Anti-dumping, Countervailing Measures & Safeguards. Sultani Decree 21/2015 - Granting Omani nationality to 288 named...more

Think your Cellphone Usage is Private? Think Again

In a closely-watched case out of Miami, the Eleventh Circuit Court of Appeals redefined the zone of privacy for cell phone users. As the Tech World was focused on Miami for the second annual eMerge conference, the court...more

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