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Broadband Deployment Law Advisor Insight and Commentary on the Deployment of Communications Infrastructure

Category Archives: Wireless

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Mr. Right (of Way) – New Episode from In the Zone

Posted in Wireless

Wireless deployment in the right-of-way is an increasingly hot topic. While the wireless infrastructure industry continues to work with municipalities, there are still hurdles to right-of-way deployment. The FCC and many states are actively considering ways to address municipal impediments and to speed wireless deployment. How did we get here, and where do we go… Continue Reading

FCC Issues Draft Wireline and Wireless Infrastructure Orders and Further Wireline Rulemaking Notice ahead of November Meeting

Posted in Broadband Deployment, DWT Advisory, Wireless

On October 26, 2017, the FCC released drafts of a Report and Order and Further Notice of Proposed Rulemaking in the wireline broadband deployment docket (the “Draft Wireline Order” and “Draft Wireline FNPRM”) and a Report and Order in the wireless broadband deployment docket (the “Draft Wireless Order”). The release of these two items suggests… Continue Reading

FCC Expands on Bidding Procedures in Connect America Fund (CAF) Phase II Auction Webinar

Posted in Broadband Deployment, High-Cost Universal Service, Wireless

Signaling a clear commitment to a successful reverse auction process for the Connect America Fund (“CAF”) Phase II proceeding, members of the FCC’s Rural Broadband Auctions Task Force hosted a webinar yesterday that provided an overview of the CAF Phase II application requirements, and an in-depth review of the bidding procedures for this first of its kind… Continue Reading

Eighth Circuit Affirms FCC’s 2015 Order Equalizing Cable and Telecom Pole Attachment Rates

Posted in Broadband Deployment, DWT Advisory, Infrastructure (Poles, Conduit and Rights of Way), Pole Attachments, Wireless

On Monday, July 31, 2017, the U.S. Court of Appeals for the Eighth Circuit, in a unanimous opinion, affirmed the FCC’s November 2015 Order on Reconsideration closing the “telecom formula loophole” to ensure that pole attachment rates for cable and telecom attachers are equivalent. In the FCC’s 2011 Order that was upheld by the D.C. Circuit, the FCC sought to align the… Continue Reading

FCC Releases Draft Item on Streamlining Wireless Infrastructure Deployment

Posted in Wireless

On March 30, 2017, the FCC released a draft of a combined Notice of Proposed Rulemaking (“NPRM”) and Notice of Inquiry (“NOI”) (together, the “draft Notice”) designed to facilitate and accelerate the deployment of advanced wireless broadband service. The draft Notice was released in tandem with a notice focused on wireline broadband networks discussed here,… Continue Reading

With USF Auctions Approaching, FCC Establishes Rural Broadband Auctions Task Force

Posted in Broadband Deployment, High-Cost Universal Service, Wireless

On April 3, 2017, the FCC announced the formation of the Rural Broadband Auctions Task Force to implement the upcoming Universal Service Fund (USF) related auctions.  Although there was no discussion of a task force in the recent Connect America Fund (CAF) Phase II Auction Order or the Mobility Fund Phase II Order, the auctions… Continue Reading

FCC Announces Details for Mobility Fund Phase II

Posted in High-Cost Universal Service, Wireless

The FCC adopted an order today that establishes Phase II of the Mobility Fund.  As we have previously reported, the FCC established the Mobility Fund to provide universal service subsidies to help expand and preserve 4G LTE mobile coverage in rural areas and Tribal lands across the country.  Through Mobility Fund Phase II, the FCC… Continue Reading

FCC Finalizes Criteria for CAF Phase II Auction

Posted in Broadband Deployment, High-Cost Universal Service, Wireless

Today the FCC approved an order that moves the nearly two billion dollar Connect America Fund (CAF) Phase II Auction competitive bidding process forward.   As we have previously reported, the Phase II auction will provide support (subsidies) to broadband providers willing to deploy broadband and voice services to unserved Americans.  The FCC will use four… Continue Reading

Podcast: Wireless Legislation on the Way?

Posted in Wireless

In the current divisive political climate, there’s one thing pretty much everyone can agree on – broadband infrastructure deployment is and should remain a high priority for legislators and regulators. In this special edition episode, we welcome our inaugural guest, Jared Weaver, a telecom lobbyist and government affairs expert with the Alpine Group.  Jared walks us… Continue Reading

Podcast: If Looks Could Kill … Your Wireless Siting Application

Posted in Wireless

Many (most?) wireless siting applications that face opposition involve some level of NIMBYism – but you can’t just dismiss the NIMBY naysayers and move on.  In this episode, we identify some of the ways site aesthetics come into play in the application and hearing process and talk about some practical and legal approaches to dealing… Continue Reading

Podcast: A Valuable Discussion About Property Values

Posted in Broadband Deployment, Wireless

Just about half of all American homes have cut the cord and rely only on wireless phones. Clearly, people see value in living near a cell phone tower. So how should you respond when you face opposition claiming that your proposed facility will negatively affect real estate values? In this episode, we’ll review some strategies… Continue Reading

Ohio Enacts Small Cell Deployment Measures: Limits Local Governments

Posted in Broadband Deployment, Wireless

On December 7, 2016, the Ohio Legislature passed Senate Bill No. 331, which, among other issues, would amend Ohio law to promote the prompt deployment of small cells and Distributed Antenna Systems (“DAS”) by significantly limiting local authority over wireless deployment in public rights of way.  On December 19, 2016, the Ohio Governor signed SB… Continue Reading

Podcast: Survival of the Fittest

Posted in Broadband Deployment, Wireless

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… Continue Reading

Wireless Legal Seminar for the West

Posted in Wireless

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… Continue Reading

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

Posted in Broadband Deployment, Wireless

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… Continue Reading

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

Posted in State Activities, Wireless

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… Continue Reading

WiGig? Why Not! FCC Sets Aside Significant Unlicensed Spectrum for Deployment and Support of 5G Wireless Services in Latest “Spectrum Frontiers” Order

Posted in Wireless

On Thursday, July 14, the FCC adopted its “Spectrum Frontiers” Order which allocates a substantial amount of high-frequency millimeter wave spectrum for both licensed and unlicensed use to support the deployment of the “next generational evolution of wireless technology to so-called” 5G wireless networks and services. This order, and the agency’s speed in adopting this… Continue Reading

DC Circuit Affirms FCC’s Open Internet Order

Posted in Broadband Deployment, Internet Video, Wireless

180 pages of analysis includes a 60 page partial dissent Today the U.S. Court of Appeals for the D.C. Circuit rejected multiple Petitions for Review and upheld the FCC’s Open Internet Order.  That order reclassified wired and mobile broadband Internet access services as telecommunications services and subjects providers of those services to several specific new… Continue Reading

Advisory Alert: FCC Adopts Framework for Broad New Regulations of Special Access Services

Posted in Wireless

FCC Chairman Wheeler’s plan to extend a new rate regulation regime to so-called business data services (which provide point-to-point transmission of data at guaranteed speeds and service levels), formerly known as “special access” services, is one step closer to reality following the Commission’s recent adoption of an Order and Further Notice of Proposed Rulemaking (“FNPRM”)… Continue Reading

FCC Wireless Shot Clock Trumps Complex Local Processes, Says First Circuit While Addressing Section 332 “Final Action” Requirement

Posted in Wireless

On Jan. 8, 2016, in Global Tower Assets, LLC v. Town of Rome, the U.S. Court of Appeals for the First Circuit held that a wireless permit applicant must go through all administrative appeals required by local law before there is a “final action” by the local government that may be appealed under Section 332(c)(7)(B)(v)… Continue Reading

FCC Wireless Infrastructure Deployment Rules Affirmed By Fourth Circuit

Posted in Wireless

On Friday, December 18, 2015, the U.S. Court of Appeals for the Fourth Circuit affirmed the FCC’s rules implementing Section 6409(a) of the Spectrum Act, including the “deemed granted” remedy for a local government’s failure to grant an eligible wireless tower or base station modification request within sixty days. In Montgomery County v. FCC (opinion… Continue Reading