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

WebinarDec3

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

Podcast: Survival of the Fittest

Like Turkey on Thanksgiving, for some things there is just no adequate substitute.  When you are siting a wireless facility, you want to show that there is no better substitute (or alternative) to your proposal. We’ve litigated numerous “effective prohibition” cases under the federal Communications Act around the country and, while the specific standards vary from court to court, one of the prongs of any effective prohibition case will require an ...Continue Reading

CTIAOct5

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

MDU Access

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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

fiber

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

moneychart

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

Hotly Anticipated Broadband Privacy Order Released by FCC

On Nov. 2, 2016, the FCC released its long-awaited broadband privacy Order and rules by a 3-2 vote. The Order comes nearly 18 months after the Commission moved to reclassify broadband internet access service (“BIAS”) as a common carrier telecommunication service under Title II of the Communications Act, and over the strenuous dissent of both Republican commissioners. The Order adopts policies and rules that alter the telecommunications privacy ecosystem based ...Continue Reading