Pole Attachments

Arkansas Public Service Commission Adopts Comprehensive Set of Pole Attachment Rules

On June 24, 2016, the Arkansas Public Service Commission (“Commission”) adopted a comprehensive set of new pole attachment rules that apply broadly to providers of electric, telecommunications, cable television, internet access, and other information services, and govern access to telephone, electric distribution and dual-use transmission poles, as well as conduit, owned by the state’s investor-owned and cooperatively-organized utilities.  The rules were adopted pursuant to a year-long rulemaking that included dozens ...Continue Reading


Open Internet Webinar

Wednesday, December 16, 2015 1:00 p.m. – 2:00 p.m. EST Please join us for an interactive, end-of-year discussion about developments in the FCC’s Open Internet (a.k.a. “net neutrality”) rules.  Will the rules survive judicial challenge?  Will Congress act?  How will the rules impact your business in 2016? Agenda: Judicial challenge oral arguments, presented by John Seiver & Dan Reing Capitol Hill developments, presented by Kim Bayliss & Steve Perry (from Grayling) FCC privacy update, presented by ...Continue Reading



Wireless Legal Seminar for the West

Friday, November 18, 2016 8:30 a.m – 5:15 p.m. PST Davis Wright Tremaine 1201 Third Avenue Suite 2200 Seattle, WA 98101 The wireless world continues to explode as smartphones and 4G become ubiquitous – and devices, apps and other usage climb at exponential rates. This seminar, sponsored by CTIA—the leading organization in the U.S. for the wireless industry—and co-sponsored by Federal Communications Bar Association, addresses the full range of legal and regulatory issues for all participants ...Continue Reading

Wireless Icon

For Your Deployment Enjoyment: New Podcast Series for Wireless Siting Professionals

Tune in to this (free!) podcast series – a must-listen for wireless siting professionals who want to establish best practices for getting their wireless sites approved. Join attorneys Leslie Moylan and Dan Reing as they share their experiences and ideas for getting wireless site applications approved at the local level, and how best to build the record in the local process in case you have to appeal a denial in federal court. Dan ...Continue Reading

MDU Access


Disputes Over MDU Access Persist

You would be forgiven if you thought the status of exclusive agreements for exclusive broadband cable service to “multiple dwelling units” such as condominiums and planned communities (MDUs) was settled. In 2007, the Federal Communications Commission (“FCC”) issued a ruling broadly declaring that such exclusivity agreements are “null and void,” and adopted a rule that prohibits the enforcement or execution of “any provision in a contract that grants to it ...Continue Reading

Fiber Networks


Is Dark Fiber a Regulated Service?

It may come as a surprise to know that the FCC (and the courts) have determined that dark fiber can be a regulated service. The FCC has found that leasing dark fiber is “wire communications” subject to its jurisdiction under Title II of the Communications Act because it “permits the transmission of information” and because “the provider of dark fiber still owns, maintains, and repairs the fiber and merely leases it ...Continue Reading


Are REITs a Viable Strategy for Communications Companies?

Windstream Holdings, Inc. recently announced plans to spin off its copper, fiber and other fixed real estate assets into an independent publicly traded real estate investment trust (REIT).  Windstream received a private letter ruling from the IRS confirming the tax-free nature of the spin-off and the qualification of the network assets as real property for REIT purposes.  The transaction will reportedly save about $100 million per year in income taxes ...Continue Reading

State Activities

Federal Court: Virginia Municipalities Must Treat Telecommunications Providers The Same As All Other Utilities In The Public Right Of Way

On Monday Aug. 8, 2016, the U.S. District Court for the Eastern District of Virginia issued an opinion in Crown Castle v. City of Newport News, holding that Crown Castle proved at trial that the City of Newport News violated state law and its Franchise Agreement with Crown Castle by asserting that Crown Castle must obtain zoning approval before it could deploy its distributed antenna system (“DAS”) nodes in the ...Continue Reading

Privacy and Cybersecurity

Data protection, internet security flat illustration concepts

Brace for Impact: The FCC’s Broadband Privacy Rules Are Almost Here

On October 6, Federal Communications Commission Chairman Tom Wheeler published a fact sheet and blog post outlining his proposal to create privacy rules for internet service providers (ISPs), setting the final rules up for a vote at the FCC’s October 27 open meeting. The fact sheet demonstrates that the Federal Trade Commission and other government privacy experts have influenced Chairman Wheeler’s thinking on certain issues, although key elements of the ...Continue Reading