Cell Towers

News & Analysis as of

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

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

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

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

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