More cities join the court battle against FCC muni property preemption ruling

15 December 2018 by Steve Blum
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Riverside pole mount

More than two dozen eastern, midwestern and Texan cities jumped into the court fight against the Federal Communications Commission’s preemption of local ownership of street light and other municipal property planted in the public right of way. The group, led by the City of Austin, filed its paperwork in the federal appeals court headquartered in the District of Columbia.

If I’m counting right, the deadline has now passed for any additional appeals, but there’s always the opportunity to join the fun as an intervenor, as the City of New York did.… More

FCC says it’s legal to give muni property to mobile companies because it’s illegal for cities to say no

12 December 2018 by Steve Blum
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Alice tall 625

The Federal Communications Commission says it has the authority to tell cities and counties what they can do with property they own, because otherwise they would be breaking the law. In a decision that should have surprised no one, the FCC refused to put its September wireless preemption ruling on hold.

Instead, in an odd bit of contradictory reasoning, the FCC’s latest order says it’s not taking away cities’ rights to property they own that’s located within the public right of way (ROW), such as street light poles and traffic signals.… More

Cities ask to move appeals of FCC muni property preemption to San Francisco court

30 November 2018 by Steve Blum
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The cities, counties and related associations that are challenging the Federal Communications Commission’s decision to preempt local ownership of streetlight poles and similar municipal property in the public right of way are asking to move the case from Denver to San Francisco. A motion to that effect was filed yesterday in the Denver-based tenth circuit court of appeals by the City of San Jose and the other west coast agencies that appealed the FCC decision in the last week of October.… More

FCC preemption of local pole ownership challenged by muni electric utilities

23 November 2018 by Steve Blum
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Municipal electric utilities joined the challenge the Federal Communications Commission’s decision to preempt local ownership and control of streetlights and other publicly-owned infrastructure in the public right of way. The American Public Power Association, which represents cities, utility districts and other public agencies that provide electric service, filed a petition in the federal appeals court in Washington, D.C. last week, asking that the ruling be overturned.

It argues…

In the Order, the Commission has improperly asserted regulatory authority and jurisdiction over the control and use of public power utility facilities.

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FCC illegally “asserts federal control over municipal utility structures”, court told

19 November 2018 by Steve Blum
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The City of San Jose briefly explained its case against the Federal Communications Commission in a filing with the federal appeals court in Denver last week. San Jose, Los Angeles County and eighteen other western cities joined together to challenge the FCC’s decision to preempt local ownership of streetlights, traffic signals and other municipal property that’s located in the public right of way.

Six other challenges were filed – two by local agencies and associations that represent them, and four by mobile operators who think the FCC wasn’t generous enough.… More

Denver court will hear appeals of FCC decision to preempt local control over poles, wireless permits

6 November 2018 by Steve Blum
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A federal judicial panel decided on Friday to consolidate at least six of the seven appeals filed by local governments and wireless carriers against an FCC ruling that attempts to set sweeping new small cell permit and leasing rules for local and state governments. Yesterday, the court given the job – the tenth circuit of the U.S. court of appeals, based in Denver – issued instructions to the challengers, essentially telling them to get their paperwork in order and stand by for further instructions.… More

Western cities line up against FCC muni property grab

30 October 2018 by Steve Blum
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There must be something in the salt air coming off the Pacific Ocean. Only local agencies on or (relatively) near the west coast asked a federal appeals court to block the Federal Communication Commission’s decision to preempt local ownership of streetlights and other municipal property that’s planted in the public right of way. Contrary to my prediction, the rest of the U.S. is sitting it out. I checked the websites of the federal appeals courts around the country, and didn’t find any new challenges.… More

Cities pile onto appeal of FCC pole preemption decision, AT&T doubles down on greedy

29 October 2018 by Steve Blum
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Cities and counties across the western U.S. are challenging the Federal Communications Commission’s ruling that preempts local ownership of street lights, traffic signals and other assets located in the public right of way.

AT&T and Sprint, on the other hand, appealed the FCC’s decision, claiming it didn’t go far enough. Links to the petitions are below.

League of Cities organisations from Arizona, California and Oregon, along with the cities of Seattle and Tacoma, and King County in Washington filed a challenge in the ninth circuit court, which is the San Francisco-based federal appellate court that handles cases from the west coast and some mountain states.… 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

FCC preemption of local street pole ownership takes effect in January

19 October 2018 by Steve Blum
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The Federal Communications Commission wasted no time in publishing its new rules regarding how cities and counties can regulate (or, really, not) small wireless facilities in the federal register. That means most of the rules take effect on 14 January 2019, unless one of the promised lawsuits materialises and a court puts everything on hold.

The new rules don’t force local governments to do anything – the FCC doesn’t have authority. But state and federal courts do, and the intent is to set standards that judges will apply when settling disputes between wireless companies and local agencies.… More