Categories

CTIA

CTIA Sues City of Berkeley Over POS RF Warning Ordinance

In a move surprising no one who has studied history or the CTIA v. San Francisco case from July, 2010, CTIA, one of the two main wireless industry trade associations, has sued the City of Berkeley over its ordinance titled, “REQUIRING NOTICE CONCERNING RADIO FREQUENCY EXPOSURE OF CELL PHONES.”

The ordinance, codified at Chapter 9.96 . . . → Read More: CTIA Sues City of Berkeley Over POS RF Warning Ordinance

AB57

AB 57: Now the Cell Tower Siting Fangs Are Out

AB 57, which should be called the “Cell Site Gift Act of 2015” was amended yesterday in the Assembly to add real fangs intended to bite Californians in favor of the wireless industry.

The bill by Assembly Member Bill Quirk (D, 20th) now simply says the following:

(a) A colocation or siting application for a . . . → Read More: AB 57: Now the Cell Tower Siting Fangs Are Out

Legal

Attack of the Drones

It’s unusual for me to republish press releases, but this one caught my eye. -jlk ATLANTA, March 30, 2015 /PRNewswire/ — Solusia Air, LLC, an affiliate of Solusia Services, LLC, today announced it has been awarded an exemption from the Federal Aviation Administration (FAA) to deploy unmanned aircraft systems (UAS) to perform asset audits and . . . → Read More: Attack of the Drones

AB57

AB57 Amended: First Baby Tooth Added

As I predicted in yesterday’s post, AB 57 was, in fact, amended to start adding teeth. The first tooth is a innocuous…adding a representative of the League of California Cities and a representative of the California State Association of Counties to the board of the California Broadband Council.

But in the best hide-the-ball tradition, the . . . → Read More: AB57 Amended: First Baby Tooth Added

AB57

AB57 Comes Alive – Local Wireless Siting Controls In California May be in Jeopardy

Bill Quirk’s, the California Assembly Member serving the 20th District has had a mysterious bill, AB 57, in the hopper since December 2, 2014. It appears that AB57 is the newest push by the wireless industry to move towards some level of wireless site deregulate regarding the location and installation of cell towers and cell . . . → Read More: AB57 Comes Alive – Local Wireless Siting Controls In California May be in Jeopardy

Cable TV Operators

47 U.S.C. § 555a(a) Bars Fees Award Against City in California

From the California Court of Appeal, Second Appellate District, Division 5 regarding litigation by Charter Cable (Marcus Cable Associates) v. the City of Glendale, California:

As explained [in the decision], pursuant to Code of Civil Procedure section 2033.420 (section 2033.420), under certain circumstances, a party to a civil action that denies a pretrial request for . . . → Read More: 47 U.S.C. § 555a(a) Bars Fees Award Against City in California

6409

6409(a): Montgomery County v. FCC

The first lawsuit against the FCC challenging the constitutionality of Section 6409(a) has been filed in the 4th Circuit Court of Appeals. Montgomery County is suing the FCC.

Let the litigation begin. You can right click on the link below to download the entire compliant, but you can pretty much stop reading after the second . . . → Read More: 6409(a): Montgomery County v. FCC

General

T-Mobile v. Roswell Decided: Both Got It Wrong

(Updated 1/21/15: see bottom)

This is a flash report on the Supreme Court decision announced today in T-Mobile v. Roswell penned by Justice Sotomayor. A detailed analysis will follow. For now, here is the Syllabus (not part of the decision) followed by a link to the 28-page decision. The big takeaway: A City need not . . . → Read More: T-Mobile v. Roswell Decided: Both Got It Wrong

6409

New FCC Wireless Rules Appear in Federal Register

As expected, the new FCC rules for wireless siting appeared in today’s Federal Register. I have attached them here as a PDF.

 

2014-28897

 

According to the Federal Register, not all of the rules may become effective on the dates published in the notice. Some of the rules are still pending Office of . . . → Read More: New FCC Wireless Rules Appear in Federal Register

6409

FCC Issues Erratum to its Wireless Siting Order

Today, January 5 the FCC issued an “Erratum” to its Report and Order, FCC 14-153 (the wireless siting order released on October 21, 2014).

The Erratum spans six (6) pages.

Here is the document, in PDF format:

erratum.DOC-331345A1

Tripp and I are in the process of reviewing the changes, and we’ll be issuing a revision . . . → Read More: FCC Issues Erratum to its Wireless Siting Order