News & Analysis as of

Right of Way 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

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

Cozen O'Connor

Pennsylvania Public Utility Commission Rules Two Municipal Permitting Fees Are Preempted by State Law

Cozen O'Connor on

The Pennsylvania Public Utility Code (Code) gives the Pennsylvania Public Utility Commission (PUC) extensive authority to regulate public utilities in Pennsylvania. The Supreme Court of Pennsylvania has held that the General...more

Farrell Fritz, P.C.

Shinnecock Nation’s Second Sign Sees Renewed State Resistance

Farrell Fritz, P.C. on

Last May, in Commissioner of the State of New York Department of Transportation, et al. v Polite, Index No. 610010/2019, the Suffolk County Supreme Court denied the State’s application for a preliminary injunction to enjoin...more

Best Best & Krieger LLP

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

Best Best & Krieger LLP on

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

Sheppard Mullin Richter & Hampton LLP

Virgil Quick Come See: FCC Drives Down Local Government Regulation of Cable Operators

On Thursday, August 1, 2019, the FCC took several actions to address persistent, decades-long efforts by local governments to convert their control over local rights-of-way into ever-increasing revenue streams from cable...more

Best Best & Krieger LLP

Irrigation District May Refuse Water Delivery to Rule Violators

Calif. Appellate Court Decision May Also Apply to Other Types of Water Providers - An irrigation district may adopt and enforce reasonable rules related to water service, and may terminate water delivery for failure to...more

Best Best & Krieger LLP

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

Harris Beach PLLC

$250 Million "Bridge NY" Fund Seeks to Aid Municipalities in Bridge Repair

Harris Beach PLLC on

$250 million is now available to assist local governments across New York in the repair or replacement of bridges and culverts. Municipalities authorized to receive and administer state and federal transportation funding are...more

Best Best & Krieger LLP

Lawsuit Challenging Local Authority Over Right of Way Dismissed - Partner Joseph Van Eaton Represents City in Small Cell Placement...

Best Best & Krieger LLP on

Best Best & Krieger LLP Partner Joseph Van Eaton and co-counsel Kristen Wilson, city attorney for Rye, New York, filed a successful motion for the City of Rye that resulted in a dismissal of a lawsuit challenging local...more

Robinson+Cole RLUIPA Defense

Additional Eruv Disputes in New Jersey

We recently posted about a lawsuit filed by Bergen Rockland Eruv Association, Inc. (“BREA”) against the Township of Mahwah, New Jersey, regarding a dispute over the expansion of an eruv. Since then, eruv disputes have evoked...more

Best Best & Krieger LLP

CPUC Rulemaking Opens Door to Revisit Impacts of Wireless in Public Rights of Way - Local Governments Should Respond by May 3

The California Public Utilities Commission just opened a proceeding that may redefine the rights of wireless providers and wireless infrastructure providers to use utility poles and public rights of way. In addition, the CPUC...more

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