News & Analysis as of

Cell Towers

Orrick's Financial Industry Week In Review

SEC Proposes Rules to Implement FAST Act Mandate to Modernize and Simplify Disclosure - On October 11, 2017, the Securities and Exchange Commission (SEC) proposed amendments "to modernize and simplify disclosure...more

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

by Best Best & Krieger LLP on

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

2017 Vermont Legislative Session | The Year in Review - DRM's Government & Public Affairs Team Final Analysis

by Downs Rachlin Martin PLLC on

A May 18th adjournment brought to a close the first half of the 74th biennial session of the Vermont General Assembly. Drama awaits as Gov. Phil Scott has threatened to veto H.518, the fiscal year 2018 budget, over an...more

Application of the U.S. Risk Retention Rules to “Indenture-Style” Cellular Tower Securizations

by Latham & Watkins LLP on

17 C.F.R. Part 246, adopted jointly by the Securities and Exchange Commission (“SEC”) and five other federal agencies in October of 2014 (the “U.S. Risk Retention Rules”), requires a sponsor of asset- backed securities...more

Won’t You Be My Neighbor?

by Davis Wright Tremaine LLP on

Sometimes the local rules require some sort of community outreach before or during the application process – and sometimes it’s a good idea to reach out to the community whether it’s required or not. In this episode, DWT...more

New Potential Threats to Communities from the FCC - Comments Due Soon — BB&K Coalition Formed to Respond

by Best Best & Krieger LLP on

Does your community rent space to wireless providers on your buildings or light poles, or in your rights of way, community parks or water tanks? If so, you need to be aware that the FCC is asking...more

A new dawn? Revised Telecoms Code receives Royal Asset

by Hogan Lovells on

In the sweep-up sessions just before Parliament was dissolved earlier this month, the Digital Economy Act 2017 received Royal Assent. The Act, once brought into force, includes a new Electronic Communications Code. What is it...more

California Small Cell Bill Curtails Local Discretionary Review and Rates - Local Governments Need to Voice Their Concerns Before...

by Best Best & Krieger LLP on

Local governments should take action to oppose a California bill that will drastically curtail local discretionary authority over small cell deployments and mandate use of public property such as street light poles at...more

How to Get the Best Price for Your Cell Tower Lease

by Varnum LLP on

Property owners with cell towers on their buildings or land are routinely approached to sell their cell lease and future leasing rights, which typically sell in the range of 15 to 20 times annual revenues, sometimes...more

A Valuable Discussion About Property Values

by Davis Wright Tremaine LLP on

Just about half of all American homes have cut the cord and rely only on wireless phones. Clearly, people see value in living near a cell phone tower. So how should you respond when you face opposition claiming that your...more

FCC Shot Clock Not Tolled by Applicant Delays or Vague Notice of Incompleteness, Court Finds

by Best Best & Krieger LLP on

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

Failure To Seek Preliminary Injunctive Relief Supports Motion To Dismiss And Renders Appeal Academic

by Farrell Fritz, P.C. on

On December 21, 2016, the Appellate Division, Second Department, rendered yet another decision whereby an appeal was dismissed “as academic” on the grounds that during the pendency of the appeal, the land use development...more

Wireless Shot Clock Decision Emphasizes Need for Meaningful Remedy

by Davis Wright Tremaine LLP on

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

How Do I Sell My Cell Lease?

by Varnum LLP on

Selling a cell lease and future leasing rights for the site in question usually involves three steps. First, deciding whether you want to sell. Often the first question to ask is whether you can take the money from a...more

New FCC and Administration Initiatives Adopted to Support the Internet of Things

by Perkins Coie on

The Federal Communications Commission and the Obama administration recently adopted several important initiatives to facilitate innovation in and rapid deployment of the nascent Internet of Things (IoT). The FCC identified...more

The Adnan Syed Case — New Trial Granted Based on Challenge to Cell Tower Data

by Michael Volkov on

The Volkov Law Group would like to applaud the efforts of its own Susan Simpson, as well as the rest of the Undisclosed: The State v. Adnan Syed team, for uncovering critical facts that led a Maryland Judge to grant Adnan...more

En Banc Fourth Circuit Rules No Fourth Amendment Protection For Cell-Site Location Information

by King & Spalding on

On May 31, 2016, the U.S. Court of Appeals for the Fourth Circuit held in United States v. Graham, Nos. 12-4659 and 12-4825, in an en banc rehearing, that the government’s acquisition of historical cell-site location...more

Fourth Circuit joins other circuits holding no warrant is required for cell tower data

The Fourth Circuit held that the Government is not required to obtain a warrnt for cell tower data in United States v. Graham, 4th Cir., No. 12-4659, en banc (5/31/16). The Court found that cell tower data was voluntarily...more

OSHA and FCC Hold Public Workshop on Draft Communication Tower Best Practices

by Seyfarth Shaw LLP on

On Thursday, February 11, 2016 OSHA and the Federal Communications Commission (FCC) hosted a public workshop to discuss draft Best Practices in Communication Tower Safety, which were compiled after a meeting of industry...more

Not So Fast, Not So Much – Data Protection for Cell Tower Traffic Data

by Bennett Jones LLP on

In the context of criminal investigations police in Canada may obtain “tower dump” production orders. These are orders requiring the applicable cellular telecommunications providers to disclose all records of cellular traffic...more

Ontario Court Finds Cellphone Tower “Metadata” is Private

The Ontario Superior Court of Justice (Court) recently ruled in R. v. Rogers Communications that broad cellphone “tower dump” production orders are unconstitutional as unreasonable seizures under section 8 of the Charter of...more

Dragnet No More? Recent guidance on production orders

by Dentons on

On January 14, 2016, a judge of the Ontario Superior Court of Justice issued a series of guidelines for future production orders directed to telecommunications companies for cell tower data. Although the guidelines focus...more

FCC Wireless Infrastructure Deployment Rules Affirmed By Fourth Circuit

by Davis Wright Tremaine LLP on

On Friday, December 18, 2015, the U.S. Court of Appeals for the Fourth Circuit affirmed the FCC’s rules implementing Section 6409(a) of the Spectrum Act, including the “deemed granted” remedy for a local government’s failure...more

VT Supreme Court Upholds PSB Approval of Bennington Tower

by Downs Rachlin Martin PLLC on

On November 19, 2015, the Vermont Supreme Court decided in favor of VTel Wireless, Inc. and upheld the Public Service Board’s approval of a telecommunications tower in Bennington, Vermont. This decision marks only the second...more

Absent Timely Local Processing, New California Law Automatically Approves Applications for New Cell Sites and Large Colocations

by Best Best & Krieger LLP on

Municipalities Should Ensure They Will Be in Compliance - A new California law signed by Gov. Jerry Brown on Friday deems approved an application for new wireless towers and facilities and some colocations. The law...more

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