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SCOTUS Denial of Certiorari in City of Portland v. FCC Renders Effective FCC's Rulings on Access to Municipal Utility Poles and...

On June 28, 2021, the U.S. Supreme Court denied the petition for certiorari filed by consortiums of various municipal governments and associations seeking to overturn the Ninth Circuit's decision in City of Portland v. FCC,...more

FCC's One-Touch Make-Ready Pole Attachment Rules Upheld; All But One Limitation on Local Authority to Regulate Wireless...

— Lone issue on 5G "aesthetics" in Small Cell Order remanded to FCC — Dissent limited to disagreeing with FCC's above-cost prohibitions on municipal fees in Small Cell Order - On August 12, 2020, a panel of the 9th Circuit in...more

FCC Releases Final Text of Rules and Order Expediting Wireline and Wireless Attachments to Utility Poles (Updated)

Some Notable Changes Made to the "One Touch Make-Ready" Rules and Declaratory Ruling Prohibiting State and Local Moratoria on Wireline and Wireless Deployment - Note: This advisory has been updated to reflect that the ILEC...more

FCC Releases Final Text of Rules and Order Expediting Wireline and Wireless Attachments to Utility Poles

Some Notable Changes Made to the “One Touch Make-Ready” Rules and Declaratory Ruling Prohibiting State and Local Moratoria on Wireline and Wireless Deployment - Late Friday the FCC released the text of its Third Report and...more

FCC Proposes Two Items to Expedite Wireline and Wireless Attachments to Utility Poles

New “One Touch Make-Ready” Regime Proposed with Shortened Timeframes and Revised Terms for Completing Pole Attachment - Draft Declaratory Ruling Would Prohibit State and Local Moratoria on Wireline and Wireless Deployment...more

FCC Approves Wireline and Wireless Infrastructure Orders and Further Wireline Rulemaking Notice at November Open Meeting

At its November 2017 Open Commission Meeting today, the FCC voted to adopt a Report and Order, Declaratory Ruling, and Further Notice of Proposed Rulemaking in its wireline broadband deployment docket (“Wireline R&O” and...more

Louisville’s “One-Touch” Make-Ready Ordinance Upheld

In the first decision to consider the legality of a “one touch” make-ready ordinance, a federal district court in Kentucky upheld a City of Louisville law authorizing new attachers to utility poles to rearrange the pole...more

Impact of Reclassification on Pole Attachments

The Order recognizes that the deployment of communications networks and broadband infrastructure depends heavily on access to utility poles on reasonable rates, terms and conditions. Accordingly, the Order declined to...more

U.S. Court of Appeals for the D.C. Circuit Upholds FCC’s April 2011 Pole Attachment Order

In a significant victory for cable and telecommunications providers, today the U.S. Court of Appeals for the District of Columbia Circuit, in a unanimous opinion, upheld the FCC’s April 2011 decision (2011 Pole Order)...more

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