News & Analysis as of

Municipalities Telecommunications

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

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

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

Downs Rachlin Martin PLLC

Canaan VT Balloon Test

Notice of new tower project and balloon test - Rising Tide Towers, LLC, a wireless infrastructure provider, together with Wireless Partners FN, intends to construct a new communications support structure and wireless...more

Downs Rachlin Martin PLLC

AT&T Balloon Test Notice Mendon, VT

Balloon Test Notice for AT&T FirstNet Tower in Mendon, VT - New Cingular Wireless PCS, LLC (“AT&T”), for itself and the federal First Responder Network Authority (“FirstNet”) proposes to install a 140’ monopole...more

Downs Rachlin Martin PLLC

Balloon Test Notice for AT&T Tower at Grand Isle Sheriff Dept.

New Cingular Wireless PCS, LLC d/b/a AT&T is proposing to construct a 180’ communications tower and associated compound at the headquarters of the Grand Isle Sheriff’s Department, 10 Island Circle, Grand Isle, VT, and has...more

Downs Rachlin Martin PLLC

AT&T Balloon Test Notice Topsham, VT

New Cingular Wireless PCS, LLC d/b/a AT&T is proposing to remove two existing towers on Pierson Hill in Topsham, VT (located off of Ben Dexter Road), and to construct a 180’ replacement communications tower and associated...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

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

Downs Rachlin Martin PLLC

Ferrisburgh, VT Balloon Test - Balloon Test for AT&T in Ferrisburgh (Route 7), VT on August 23

To assess the visual effect of the Project, AT&T conducted a balloon test at the site of the proposed Tower on Friday, August 23, 2019. A balloon was flown at 140 feet and was photographed from public areas in Town, which can...more

Best Best & Krieger LLP

[WEBINAR] Understanding and Responding to the FCC Cable In-Kind and Mixed Use Order

A new FCC Order updating cable franchising rules could cost local governments in every state hundreds of millions of dollars. The Order arms cable operators with the right to require existing franchise terms be modified to...more

Downs Rachlin Martin PLLC

Mt. Holly, VT Viewshed and Photo Simulations: AT&T Balloon Test Conducted in Mount Holly - July 22, 2019

New Cingular Wireless PCS, LLC (“AT&T”) proposes to install a 130’ monopole telecommunications tower at 518 Stewart Road South, Mount Holly, VT, Parcel ID: 11A2001.00, on property owned by Raymond C. Tarbell and Linda M....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.

Court Rules that Delays Associated with SEQRA Review do not Violate Telecommunications Act

Farrell Fritz, P.C. on

Due to the proliferation of advanced mobile devices, such as smartphones and tablets, wireless service providers anticipate a significant increase in data traffic over their networks in the next few years. ...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

Benesch

New Municipal Public Right of Way Laws Fueled by Changes to Ohio Revised Code

Benesch on

In response to Ohio House Bill 478, new right of way (ROW) ordinances are currently being considered by a number of Ohio municipalities. Ohio House Bill 478 amends Ohio’s existing laws governing use and occupancy of the...more

Best Best & Krieger LLP

Cell Tower Landlord’s Checklist - Know Your Rights Amid Mobile Carrier Mega Mergers

In addition to the proposed merger between Sprint and T-Mobile and its planned consolidation of cell sites, providers such as Verizon and AT&T are trading their interests in towers and other wireless deployments. ...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

Best Best & Krieger LLP

Cable Operators Reduced Franchise Fee to Municipalities Not Permitted - BB&K Attorneys Win in California Federal Court

For years, California cable operators have reduced the franchise fee paid to local governments by the amount paid to the California Public Service Commission. While a small amount for many communities, the deduction reduced...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

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19661 - ARS Investors II 2012-1 HVB, LLC v. Crystal, LLC - Owner recorded an unapproved subdivision map of its commercial property into three lots and then granted a...more

Best Best & Krieger LLP

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

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

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