Cell Towers

News & Analysis as of

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

Court Denies Cell-Tower Company's Challenge to Initiative Requiring Voter-Approval Before City Can Lease Property

Decision Could Be Relevant to Upcoming FCC Rulemaking - An appellate court last week ruled that a provision of the federal Communications Act limiting how a local government may regulate the “placement, construction,...more

FCC Proposes New Rules On Local Wireless Siting [Video]

The Federal Communications Commission is considering adopting rules that could limit local governments’ zoning authority and allow wireless-service providers to add facilities to existing buildings, towers, and other...more

Local Governments and Wireless Siting

Local Authority Over Wireless Siting: •Local Government is NOT the Enemy •Our Interests - Consumer Protection/Property Rights - Largest User of Wireless Services - Landlord of Preferred Sites - Community...more

FCC Proposes New Rules On Local Wireless Siting (Webinar Presentation and Recording)

In This Presenation: The Federal Communications Commission is considering adopting rules that could limit local governments’ zoning authority and allow wireless-service providers to add facilities to existing...more

Sell The Cell Lease Separately (When Selling Real Estate)

When does selling a cell tower lease make sense? In financial terms, it usually doesn't (you can't invest the money and get the same income you're now getting)....more

Cellular antennas on special district property: The opportunity and the risk

You licensed your special-district property to wireless communications companies that installed antennas and other communication facilities. You had the space. They were willing to pay for it. It just made sense. Didn't...more

Workplace Accidents And Deaths Rise In Cell-Phone Tower Industry

In 2008, OSHA called cell-phone tower climbing the most dangerous job in America. In terms of workplace accidents, there have already been 10 deaths and three serious injuries this year. An Alabama man was one of the few...more

The Supreme Court Rules that the Fox Can Guard the Henhouse (Because the Fox Told Them He Can)

The Supreme Court of the United States has allowed federal agencies to interpret ambiguities in their implementing statutes and directed courts to defer to agency expertise when deciding cases. (Who, after all, knows a...more

What Is The Rental Rate For A Cell Tower Lease?

One of the most common questions we get is "What is the going rental rate for a cell tower lease?" It varies, and there are key factors which drive it. ...more

U.S. Supreme Court Allows FCC to Determine its Own Authority - Decision Upholds FCC Time Restrictions on Local Government...

The United States Supreme Court issued its decision in City of Arlington v. FCC, ruling that if an agency has general rulemaking or adjudicative power under a statute, courts must defer to all of the agency’s reasonable...more

What’s A Cell Tower Lease Worth?

People with cell towers on their property are frequently contacted by companies offering to "buy-out" their cell tower lease. The resulting question we get is "What's my cell tower lease worth?" This post will attempt to...more

Attention T-Mobile Lessees: Consult With An Attorney

Crown Castle, a company that recently purchased over 6000 leases from T-Mobile, is now sending out letters to their lessees introducing themselves. They are asking lease-holders to sign and return those letters. If you or...more

FCC Provides Guidance on Tower Site Collocation

In order to help wireless communications providers meet the need for new facilities to satisfy the exploding demand for service, last year Congress enacted legislation designed to make it easier to add, remove or replace...more

Considerations For Church Cell Tower Leases

Churches are good candidates for cell towers and antennas because cell companies have to add a lot more cell towers and antennas due to the increased demand caused by the proliferation of Droids, iPhones, iPads, etc....more

Cell Tower Lease Buyouts, Good or Bad?

Many property owners with cell towers on their property are getting proposals to buy out their interest in the lease for the tower, or similar proposals for leases for cell antennas on the roof or side of a building. Usually...more

Venn And The Art Of Wireless Regulation

It’s important to educate legislators and local governments about the 1996 Telecommunications Act, which added Section 332(c)(7) to the Communications Act of 1934. This section, also referred to as Section 704, affects the...more

The Importance of Credibility

Since litigation, especially in the U.S. Court of Appeals for the Fourth Circuit, is not likely to turn a tower denial into an approval, a tremendous amount of care must be given to making a zoning application for a new...more

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