updates

Opening briefs challenging FCC pole and right of way preemptions filed in ninth circuit

11 June 2019 by Steve Blum
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Tmobile small cell riverside

Dozens of local governments from across the U.S. filed joint arguments yesterday with the ninth circuit federal appeals court in San Francisco, as challenges to two 2018 Federal Communications Commission decisions move ahead. Mobile carriers and municipal electric utilities also filed opening briefs. I’ll dive deeper into the arguments in the next few days, but you can read them here now:

Petitioner Local Governments’ joint opening brief, 10 June 2019
Brief of petitioner the American Public Power Association, 10 June 2019
Petitioner Montgomery County, Maryland’s opening brief, 10 June 2019
Joint opening brief for Petitioners Sprint Corporation; Verizon Communications Inc.;… More

Wildfires burn in northern California, but proactive power cuts might have limited the damage

10 June 2019 by Steve Blum
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Thomas fire 2018 utility lines 300

Pacific Gas and Electric did two rounds of proactive cuts over the weekend, in response to warnings of high fire danger due to weather conditions. It was no false alarm. Cal Fire’s online map shows more than a dozen wildfires in PG&E’s territory, including the Sand Fire in Yolo County that’s grown to at least 2,200 acres. There’s no basis to speculate why any of those fires began – that’s a question for later.

However, there is reason to suspect that it might have been worse if PG&E hadn’t cut off electricity to approximately 23,000 customers in Butte, Napa, Solano, Yolo (but not where the Sand Fire began) and Yuba counties.… More

Court says appeal of FCC local pole ownership preemption will continue

25 April 2019 by Steve Blum
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Tmobile small cell riverside

The ninth circuit federal appeals court ruled that challenges to last year’s Federal Communications Commission’s wireless and wireline preemption orders will move forward. The FCC will have to deliver its administrative record to the court next month, and the initial exchange of arguments from both sides will begin in June and run through September, according to an earlier ruling that two appellate justices confirmed yesterday.

California Supreme Court expands local control of wireless facilities, allows cities to set aesthetic standards for cell sites

Tmobile small cell riverside

UPDATE here.

San Franciso’s aesthetic standards for cell sites are legal under California law. The California Supreme Court rejected an appeal by T-Mobile, Crown Castle and Extenet of lower court rulings that allowed the City and County of San Francisco to regulate the appearance of cell sites. The ruling, posted minutes ago, is here. The ruling is broader than the lower courts’ opinions, though, and appears to expand the scope for local governments to control the use of public right of ways and issue permits for wireless facilities.… More

Major ruling on cell site aesthetics due from California Supreme Court tomorrow

Tmobile small cell burlingame

UPDATE here.

The California Supreme Court is about to rule on whether California law allows cities to regulate the appearance of cell sites. It posted a notice earlier today that a decision will be published at 10am tomorrow (Thursday, 4 April 2019). Background on the case is here. The key question: does mobile infrastructure that offends local aesthetic sensibilities “incommode the public use” of the public right of way? A California appeals court said yes, it does.… More

Net neutrality bill moves ahead in U.S. house

26 March 2019 by Steve Blum
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Net neutrality demonstration dc 300

A key sub-committee in the U.S. house of representatives today approved a bill that would restore the 2015 network neutrality rules adopted by what was then a democrat-controlled Federal Communications Commission. It was a party line vote – dems yes, republicans no. The approved text hasn’t been posted yet, but there’s no indication of substantive changes from the version that was introduced earlier this month. The next stop is the house’s full energy and commerce committee.

PG&E pulls the plug, filing for bankruptcy

14 January 2019 by Steve Blum
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Rampart 300

With liabilities from California wildfires amounting to unknown billions of dollars, Pacific Gas and Electric company announced this morning that it plans to file for bankruptcy as soon as it’s legally able to do so. According to a company press release…

The Company today provided the 15-day advance notice required by recently enacted California law that it and its wholly owned subsidiary Pacific Gas and Electric Company (the “Utility”) currently intend to file petitions to reorganize under Chapter 11 of the U.S.

… More

FCC local pole preemption order set to take effect Monday, as federal court denies San Jose’s request to delay implementation

11 January 2019 by Steve Blum
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The Federal Communications Commission’s preemption of local ownership of streetlight poles and other “vertical assets” appears set to take effect on Monday, 14 January 2019. The tenth circuit federal appeals court in Denver denied a request by the City of San Jose and other cities to put the FCC order on hold while court cases move ahead. In a separate action, the tenth circuit also transferred the long list of appeals to the ninth circuit federal appeals court in San Francisco.

CPUC approves ownership transfer, re-start of Nevada County FTTH project

10 January 2019 by Steve Blum
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Bucket on pole

Updated at 10:41 with statement from Race.

The Bright Fiber FTTH project in Nevada County was resurrected this morning by the California Public Utilities Commission. In a unanimous vote (on the consent calendar, if you follow such things), the CPUC approved transferring control of Bright Fiber Network, along with a $16 million grant, to Race Telecommunications. Several people spoke for and against the project – wireless Internet service providers were against it, the Nevada County board of supervisors and the Gold Country Broadband Consortium were in favor.… More

Cities challenge FCC’s wireless big foot, AT&T tells court it isn’t big enough

28 October 2018 by Steve Blum
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Cities and counties in western states, and their lobbying organisations, asked the federal appeals court in San Francisco to block a ruling by the Federal Communications Commission that would take away most local authority over small cells and other wireless facility permits, and preempt ownership of municipal assets, such as streetlight poles, in the public right of way. Links to all the documents filed last week are here. 

AT&T and Sprint also challenged the FCC’s decision, because, they say, it didn’t go far enough.… More