Cell Towers

News & Analysis as of

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

The Electronic Communications Code - Security of Tenure

This is our second article on the Electronic Communications Code. A key issue for operators to be aware of when entering into agreements with landowners or occupiers for the siting of telecoms apparatus on their land is...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

Drone on Drones: UAVs May Reduce the Risk of Cell-Tower Inspections

Many potential drone uses could make life easier, cheaper and more efficient. But the use of drones in cell-tower inspections, a new idea taking off internationally, may have the added benefit of saving lives....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

Supreme Court Update: T-Mobile V. City Of Roswell (13-975), Hana Financial, Inc. V. Hana Bank (13-1211), Gelboim V. Bank Of...

Greetings, Court Fans! What began as a trickle of decisions from the Court's October sitting has swiftly burgeoned into a flood. Yesterday, the Court announced decisions in three more cases, on top of the three decisions...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

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

New FCC Rules Will Require New Approach to Siting of Wireless Facilities

The FCC adopted new rules at its Oct. 17 meeting that are likely to require changes in the way local governments respond to applications for siting wireless towers, and for adding antennas to, and modifying, existing...more

Potential Impact of New SEC Rules on Cell Tower Securitizations

On August 27, 2014, the Securities and Exchange Commission (the “SEC”) adopted two final rules implementing new regulations affecting asset-backed securities (“ABS”). The first set of rules, referred to in this memorandum as...more

Supreme Court To Decide If Local Government's Decision Is "In Writing"

In addition to addressing local-government prayer, the Supreme Court also decided to hear and answer another question impacting local governments: when a city denies a request to place a cell tower, how formally must it...more

The Fight Over Wireless Siting Heats Up . . . And Moves Into the Halls of the FCC

We’ve blogged previously about an FCC wireless-siting rulemaking that could affect the zoning of wireless-service facilities in almost every U.S. community. The formal comment period has now closed, and dozens of comments...more

Local Governments and Industry Providers Comment on FCC Rulemaking

Local governments and wireless tower and service providers – more than 200 participants in total – filed comments with the FCC on Monday in response to the agency’s new proposed rules that would limit local and state...more

Second Circuit Confirms Town Of Greenburgh Unlawfully Denied Crown Castle DAS Network

On Friday, Jan. 17, 2014, the U.S. Court of Appeals for the Second Circuit affirmed that the Town of Greenburgh, New York, had unlawfully denied Crown Castle’s application to install a 20 node distributed antenna system (DAS)...more

FCC Sets Comment Deadlines for Notice of Proposed Rulemaking on Environmental and Historic Review Processes for Small Cell and...

The Federal Communications Commission (“FCC” or “Commission”) recently released a Public Notice setting comment deadlines for its September 26, 2013 Notice of Proposed Rulemaking (“NPRM”) on improving wireless facilities...more

Ninth Circuit: City Requirement That Cell-Tower Company Obtain Voter Approval Upheld

When T-Mobile sought to place a cell-tower in a park owned by the City of Huntington Beach, California, the City granted the company all the regulatory approvals it required. But the City also informed T-Mobile that before...more

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