Cell Towers

News & Analysis as of

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

A Permit System May Finally Arrive for the Migratory Bird Treaty Act - New Opportunities and Responsibilities

For years, Federal Courts have held that individuals can be held criminally liable under the Migratory Bird Treaty Act (MBTA) for the death of birds regardless of whether they intended to harm them. While several courts have...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

Cell Tower Location Data Privacy Decision Reversed

Last July, we reported on United States v. Davis, an Eleventh Circuit decision in favor of privacy rights. In that case, a three-judge panel held that cell phone users have a reasonable expectation of privacy in their cell...more

Massachusetts Federal Court Holds That LLC Operating Agreement Does Not Shield Defendants from Liability for Breaching Their...

A recent decision by Judge F. Dennis Saylor of the U.S. District Court for the District of Massachusetts, Butler v. Moore, C.A. No. 10-10207-FDS U.S. Dist. LEXIS 39416 (D. Mass. Mar. 26, 2015), offers an example of how...more

OSHA Announces Request for Information on Communication Tower Safety

On April 15, the Occupational Safety and Health Administration (OSHA) published in the Federal Register a Request for Information (RFI) on Communication Tower Safety. The agency requests that the communication tower industry...more

Rating Agency Developments

Moody’s released its approach to rating securities backed by wireless towers....more

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