News & Analysis as of

Right of Way Wireless Industry

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

Best Best & Krieger LLP

FCC Adopts Rules that Could Impact Concealment of Wireless Infrastructure

How Communities Can Respond - The FCC adopted a Declaratory Ruling and Notice of Proposed Rulemaking ("Order" and "NPRM," respectively) related to Section 6409 modification requests (eligible facilities requests) on June...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

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

Best Best & Krieger LLP

New FCC Shot Clocks and Other Rules Preempting Local Authority Over Wireless Take Effect Today - Federal Shutdown Does Not Delay...

A pair of orders by the 10th Circuit U.S. Court of Appeals in the litigation over the FCC’s controversial small cell order were issued Thursday. ...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

Best Best & Krieger LLP

Proposed FCC Actions Will Limit Local Control And Cut Revenues - Immediate Action Needed — Community Coalition Forming

The FCC is poised to issued two orders: a $2 billion unfunded mandate “Small Cell” order that imposes rules akin to state small cell laws (such as SB 649 vetoed in 2017 by California Gov. Jerry Brown)....more

Best Best & Krieger LLP

SB 649 Barely Passes Out of California - Legislature Governor has Until Oct. 15 to Veto Controversial Small Cell Bill

SB 649 passed the California Assembly and Senate in the last week of the legislative session with few votes to spare, and is on Gov. Jerry Brown’s desk for consideration. The bill curtails regulatory authority over small...more

Best Best & Krieger LLP

UPDATE: Real Fight Begins Over SB 649 in California Assembly - Small Cell Bill Curtails Local Discretionary Review and Rates

As drafted, Senate Bill 649 would give wireless providers a significant advantage over local government in negotiating the placement of small cells in the public right of way and on public property. Cities that have an...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

Sheppard Mullin Richter & Hampton LLP

ExteNet v City of Houston: Who pays for access to Texas rights-of-way?

On March 30, 2017 the Texas Public Utilities Commission will decide whether companies with certificates of public convenience and necessity from the Commission may place their facilities in local rights-of-way and provide...more

Davis Wright Tremaine LLP

CPUC Proposed Decision Extends Pole Attachment Rights to CMRS Providers

On Friday, October 30, 2015, the Assigned Commissioner to a rulemaking at the California Public Utility Commission (“CPUC”) issued a Proposed Decision to extend the state’s pole, conduit and right of way access rights to...more

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