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.

Local challenges to FCC streetlight preemption order move ahead

22 April 2019 by Steve Blum
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Charlottesville streetlights

A federal appeals court commissioner has, for now, set a schedule that sorts out the various challenges to last year’s Federal Communications Commission decisions that preempted local ownership of streetlights and similar infrastructure, and put tight restrictions on how local governments manage public right of ways. Last week Peter Shaw, a commissioner for the ninth circuit federal appeals court in San Francisco, met with attorneys for local agencies and associations that are challenging various aspects of the order, and with lawyers for mobile carriers that are pretending to be upset with the FCC’s decisions, but are actually jumping in on its side.… More

Cities have broad authority over wireless facilities, California Supreme Court rules

In a landmark decision, the California Supreme Court gave cities a major victory today, ruling that the way San Francisco regulates the appearance of wireless facilities is legal, and isn’t preempted by state law or California Public Utilities Commission regulations. Its interpretation goes beyond lower court decisions and adopts a narrower view of state-level restrictions on municipal control of telecommunications infrastructure. The unanimous opinion also opened the door to further regulation of cell sites and other telecoms facilities – wired or wireless – by drawing a line between specific limits the legislature put on local oversight of construction activities, and the general ability of cities to set standards for the appearance, placement and, potentially, other aspects of wireless equipment after it’s built.… More

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

FCC takes aim at city planners, HOAs, landlords with new wireless preemptions

2 April 2019 by Steve Blum
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Wireless broadband hub

More federal preemptions of property ownership and local oversight of permits for wireless facilities are on the way. The Federal Communications Commission is scheduled to vote later this month on starting the process of rewriting its interpretation of federal law regarding home antennas.

The rule in question is inelegantly known as OTARD – over the air reception devices. The law behind the rules was originally intended to allow homeowners and renters to install small satellite dishes for, say, DirecTv or DISH.… More

Federal appeals court slows but doesn’t stop muni challenges to FCC wireless preemptions

21 March 2019 by Steve Blum
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Samsung small cell

The federal appellate court review of two Federal Communications Commission rulings that preempt local authority over wireless attachment and wireline excavation permits, and take away local ownership of streetlight poles and similar property will continue, albeit slowly. Yesterday, the ninth circuit court of appeals in San Francisco refused to ice the case completely, as requested by the FCC and as dutifully echoed by wireless carriers.

Instead, the court consolidated the twelve separate appeals of the September wireless attachment order into a single case, and assigned it to the same set of judges who will consider two appeals of the August wireline excavation order.… More

Wireless permit shot clocks aren’t really shot clocks, fee limits aren’t really limits, FCC tells appeals court

19 March 2019 by Steve Blum
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Riverside pole mount

The FCC wants to stall a federal appellate court review of its order preempting local ownership of street light poles and similar municipal assets located in the public right of way. Dozens of cities, counties and associations pushed back against the move, telling the court they would face “significant hardships” if their appeal was iced for months while the FCC pretends to reconsider its original ruling at its leisure.

There’s no hardship, the FCC told the San Francisco-based ninth circuit federal appeals court in its reply.… More

“Significant hardships” will fall on cities if appeals of FCC pole ownership preemption stall, court told

8 March 2019 by Steve Blum
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The cities and counties that are challenging the Federal Communication Commission’s preemption of local ownership of streetlight poles and other assets located in the public right of way don’t want any delays in their cases. In filings yesterday with the ninth circuit federal appeals court in San Francisco, local agencies objected to the FCC’s request to put everything on hold while it thinks about whether it’s going to reconsider its decision. Which could take months, or longer.… More

FCC tries to stall court challenges to its local pole ownership preemption order

28 February 2019 by Steve Blum
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Wjl thruway

The Federal Communications Commission asked the federal appeals court in San Francisco to put cases filed against it by local governments on hold.

Dozens of cities, counties and associations sued the FCC, challenging its preemption of local ownership of street light poles and other assets in the public right of way. Several have also asked the FCC to reconsider its September decision, which is a routine administrative request that is routinely denied. But the FCC hasn’t done anything with it yet, and is using its own inaction as an excuse to stall the court case.… More

FCC colluded with mobile carriers to “game” judicial procedure, congressmen charge

28 January 2019 by Steve Blum
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Charlottesville streetlights

People at the Federal Communications Commission might have leaned on AT&T, Verizon, Sprint and the Puerto Rico Telephone Company to go shopping for sympathetic judges who would be more likely to bless its preemption of local ownership of streetlight poles and similar municipal assets. A letter sent by a pair of democratic congressmen – Frank Pallone (D – New Jersey) and Mike Doyle (D – Pennsylvania) – directs republican FCC chairman Ajit Pai to enlighten them on why the four wireless companies filed largely identical and completely ludicrous appeals of its September order

It has come to our attention that certain individuals at the FCC may have urged companies to challenge the Order the Commission adopted in order to game the judicial lottery procedure and intimated the agency would look unfavorably towards entities that were not helpful.

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