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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

6409

Kramer on the New FCC 6409(a) Rules: City of Calabasas Video

Last night I presented at the City of Calabasas, California’s Communications and Technology Commission on the new FCC rules implementing Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012. I also talked about a bunch of other stuff the FCC added in to the mix. If you’re in to such . . . → Read More: Kramer on the New FCC 6409(a) Rules: City of Calabasas Video

6409

First Thoughts on Today’s FCC 6409(a) Report and Order

Today, October 17, 2014, the Federal Communications Commission (“Commission”) voted to adopt new federal rules that significantly undermine local police powers to regulate wireless infrastructure. The rules will become effective 90 days after the Commission publishes the Report and Order (“Order”) in the Federal Register.

Although as of this writing the Commission has not yet . . . → Read More: First Thoughts on Today’s FCC 6409(a) Report and Order

6409

FCC Adopts Rules to Define 6409(a) and Modify the Shot Clock

In 2012, at the behest of the wireless industry (and specifically the PCIA), Congress passed and the President signed the Middle Class Tax Relief and Job Creation Act. Buried within the hundreds of thousands of words in the Act are 149 word comprising Section 6409(a) dealing with wireless site collocations.

Here are those 149 words:

. . . → Read More: FCC Adopts Rules to Define 6409(a) and Modify the Shot Clock

FCC

A Deeper Look at the FCC’s Marriott WI-FI Consent Order

As you’ve likely seen in the general media, MARRIOTT INTERNATIONAL, INC. and MARRIOTT HOTEL SERVICES, INC. (jointly, “Marriott”) and the FCC have entered into a Consent Decree in connection with Marriott’s intentionally blocking of Wi-Fi access points brought in to the conference center portion of the Gaylord Opryland Hotel and Convention Center in Nashville, Tennessee . . . → Read More: A Deeper Look at the FCC’s Marriott WI-FI Consent Order

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