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Municipalities The United States Federal Communications Commission

Davis Wright Tremaine LLP

N.Y. Public Service Commission Approves Pole Attachment Rental Rate Increase for Municipally Owned Utilities

The New York Public Service Commission ("Commission") entered an Order this month authorizing municipally owned electric utilities to significantly increase the annual rental rates charged to cable system operators and...more

Davis Wright Tremaine LLP

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

Sheppard Mullin Richter & Hampton LLP

Sixth Circuit Affirms FCC Rule That Most In-Kind Contributions Are Franchise Fees

On May 26, 2021, a Sixth Circuit panel rejected challenges by numerous municipalities to a 2019 order by the Federal Communications Commission (FCC) that most “in kind” (non-cash) contributions required by cable franchisees...more

Farrell Fritz, P.C.

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

Farrell Fritz, P.C. on

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

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Rejects Challenges to FCC’s One-Touch Make-Ready, Small Cell Deployment, and Local Moratoria Orders

On August 12, 2020, a Ninth Circuit panel affirmed three orders issued in 2018 by the Federal Communications Commission (FCC) to promote infrastructure investment and broadband deployment, including 5G small cell nodes. In...more

Perkins Coie

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

Perkins Coie on

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

Best Best & Krieger LLP

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

Best Best & Krieger LLP

FCC Takes Action on Wireless RF Emissions Standards

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Will this Quell Public Concerns About the Safety of 5G Deployments? As wireless carriers increasingly seek to install wireless networks on utility poles and street lights within communities across the country, they often...more

Best Best & Krieger LLP

FCC Denies Cable Franchise Order Stay Request But Provides Implementation Guidance

Best Best & Krieger LLP on

When the FCC’s Cable Franchise Order became effective on Sept. 26, it upended 35 years of common understanding on what a local government could obtain in cable franchise negotiations, which could cost local governments...more

Best Best & Krieger LLP

FCC Releases Cable Order that Will Cost Communities Hundreds of Millions of Dollars

The FCC released its third Section 621 Report and Order late Friday, which has the potential to cost local governments hundreds of millions of dollars in cable franchise fees. Also, unlike FCC cable orders in the past 10...more

Best Best & Krieger LLP

FCC’s OTARD Rule Proposal: Comment Period Open - Partner Gerry Lederer Discusses New Developments in PublicCEO

The Federal Communications Commission has proposed an expansion of its rules for Over-the-Air Reception Devices in what it says is an effort to spur the deployment of 5G infrastructure. The FCC’s recommended changes have...more

Farrell Fritz, P.C.

New FCC Decision Tips in Favor of Service Providers on Small Cell Wireless Projects

Farrell Fritz, P.C. on

On September 26, 2018, the Federal Communications Commission (FCC) adopted its Declaratory Ruling and Third Report and Order (“Declaratory Ruling and Order”) enacting significant regulatory changes that will impact local...more

Best Best & Krieger LLP

Sixth Circuit Overturns FCC Cable Order - Partner Joseph Van Eaton Represented a Coalition of Communities

An FCC order that local governments, schools and the public have opposed for almost a decade was reversed by the U.S. Sixth Circuit Court of Appeals. The case is Montgomery County v. FCC, which had its genesis in an FCC...more

Best Best & Krieger LLP

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

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

Womble Bond Dickinson

Sixth Circuit Says FCC Can't Preempt State Limits on Muncipal Broadband

Womble Bond Dickinson on

In an August 10, 2016 ruling, the Sixth Circuit Court of Appeals reversed the FCC’s preemption of state laws in Tennessee and North Carolina which prevented municipal broadband providers from expanding their networks beyond...more

Perkins Coie

FCC Thwarted in Efforts to Preempt State Broadband Laws

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The U.S. Court of Appeals for the Sixth Circuit has struck a major blow to the FCC’s efforts to remove barriers to broadband service and promote competition in broadband markets. In State of Tennessee v. FCC, the court...more

Davis Wright Tremaine LLP

Challenge to FCC Preemption of State Prohibition on Municipal Broadband to be Heard in March

The Sixth Circuit Court of Appeals has set oral argument for 9:00 a.m., Thursday, March 17, 2016 on the appeals brought by the States of Tennessee and North Carolina challenging the FCC’s order striking down provisions of...more

Davis Wright Tremaine LLP

Sixth Circuit Consolidates Cases, Sets New Briefing Schedule in Appeals Involving Municipal Broadband Laws

As expected, the Sixth Circuit Court of Appeals has consolidated the two Petition for Review proceedings brought by the states of Tennessee and North Carolina seeking review of the FCC’s order striking down provisions of...more

Best Best & Krieger LLP

Municipal Cable Franchise Transfer Toolkit

A cable operator generally cannot transfer control of its business or transfer its cable franchise without the prior approval of the franchising authority. This gives the franchising authority the opportunity to resolve...more

Davis Wright Tremaine LLP

FCC Releases Full Text of Order Preempting State Laws Limiting Municipal Broadband

On March 12, 2015, the Federal Communications Commission released the text of its order preempting provisions of North Carolina and Tennessee law that allow municipalities to provide broadband service but otherwise limit the...more

Davis Wright Tremaine LLP

FCC Preempts Two State Laws That Limit the Geographic Reach of Municipal Broadband Systems

On February 26, 2015, the Federal Communications Commission voted to strike down provisions of North Carolina and Tennessee laws that restrict the area in which municipally-owned broadband systems in those states are allowed...more

Best Best & Krieger LLP

FCC Radio Licenses: Saving Paper Doesn't Change Notice Requirements

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Many municipal governments and special districts, especially public safety departments, hold radio licenses or antenna structure permits from the Federal Communications Commission. The FCC is proposing to save paper and staff...more

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