News & Analysis as of

Cell Towers State and Local Government

Farrell Fritz, P.C.

Town of Huntington is the Latest Long Island Community to Regulate Small Cells in the Public Right-of-Way

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In 2018, the Federal Communications Commission (“FCC”) issued an Order governing the installation of small cell nodes and other telecommunications facilities in an effort to speed up the deployment of the newest generation of...more

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New Macro Cell Tower Emergency Generator Law in California

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Cities and Counties Must be Ready for Jan. 1 Effective Date - As wildfires and power shutoffs continue to impact large areas of California, Gov. Gavin Newsom signed a law that requires expedited permitting of applications...more

Perkins Coie

Ninth Circuit Largely Upholds FCC Orders Designed to Promote 5G Network Deployment

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In a recent decision, a panel of the U.S. Court of Appeals for the Ninth Circuit largely upheld three Federal Communications Commission (FCC) orders intended to facilitate the rapid deployment of 5G wireless facilities...more

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5G Infrastructure Decision Mixed for Local Governments

Ninth Circuit Takes on FCC Small Cell Orders - The U.S. Ninth Circuit Court of Appeals handed local governments some wins in a decision last week arising from the court’s consolidation of five appeals from three FCC 5G...more

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Texas Right-of-Way Legislation: Half Payments for Right-of-Way Use

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Recently enacted Texas legislation significantly reduces right-of-way fees paid to Texas cities by companies that provide telecommunications and cable services. This legislation could influence right-of-way compensation laws...more

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Ordinance Regulating Aesthetics of Wireless in Public Rights of Way OK’d by California Supreme Court - Decision in T-Mobile West...

Yesterday marked a win for local government in the fight against preemption over local control of their streets. The California Supreme Court issued a decision in the T-Mobile West LLC v. City and County of San Francisco...more

Bricker Graydon LLP

Wireless bill ready for Kasich’s signature

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Earlier this month, House Bill 478 (H.B. 478) was passed by the Senate and is now headed to Governor Kasich for his signature. The bill represents a compromise between the telecommunications industry and Ohio municipalities....more

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SB 649 Small Cell Bill Vetoed by California Governor - Victory for Local Governments

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Citing the value of local governments managing their own rights of way, Gov. Jerry Brown vetoed SB 649, the controversial small cell bill, on Sunday. The bill, which barely passed through the state Legislature, would have...more

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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

Davis Wright Tremaine LLP

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

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

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

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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

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

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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

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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

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