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

Category Archives: Wireless

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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

Congress Grabs Reins on Spectrum

Posted in General, Wireless

Editor’s Note by Jim Smith:  Guest Commentator Steve Perry, a veteran Congressional expert and Managing Principal of Grayling, offers his perspective on upcoming legislative efforts to free additional spectrum for broadband deployment. Nowhere is the opportunity greater to promote broadband deployment than in the wireless sector.  As our society increasingly goes mobile, devices that were… Continue Reading

Advisory Alert: FCC Updates Network Outage Reporting Requirements

Posted in DWT Advisory, Wireless

On March 30, 2015, the FCC issued a Notice of Proposed Rule Making, Second Report and Order, and Order on Reconsideration (Order).  The Order updates the FCC’s “Part 4” network outage reporting rules to reflect technological advancements in wireless and wireline networks.  It also responds to petitions for reconsideration and requests for rulemaking, some of… Continue Reading

California PUC to Hold Workshops in November to Discuss Wireless Pole Attachment Issues

Posted in Pole Attachments, State Activities, Wireless

As an update to our May 7 blog entry about the California Public Utilities Commission (“PUC”)’s rulemaking to consider if its existing rules for nondiscriminatory access to poles, conduits and rights-of-way should be amended to include Commercial Mobile Radio Service (“CMRS”) carriers (“Rulemaking”), the PUC recently announced that it will hold informational workshops on November 4… Continue Reading

Areas Eligible for Rural Broadband Experiments Funding Announced

Posted in Fiber Networks, General, Wireless

On July 25, the FCC released the list of eligible areas for its $100 Million Rural Broadband Experiments program, the details of which are summarized in our recent Advisory. The list includes the following key information: the state and county of each census block, along with its tract and block identification numbers; the number of… Continue Reading

NTIA and the FCC Seeking Input on “Model City” to Explore Advanced Spectrum Sharing Technology

Posted in General, Wireless

Building on recommendations in the National Broadband Plan to make more spectrum available for mobile broadband and the July 2012 report from the President’s Council of Advisors on Science and Technology (“PCAST Report”), the NTIA and the Federal Communications Commission’s (FCC) Office of Engineering and Technology issued a Joint Public Notice on July 11, 2012… Continue Reading

FCC Allocates $100 Million for Rural Broadband Experiments –Agency Will Reward Providers That Can Deliver Broadband at Speeds up to 25 Mbps (up) / 5 Mbps (down)

Posted in Fiber Networks, General, Wireless

On Friday, July 11, 2014 the FCC adopted an order implementing its planned “Rural Broadband Experiments”—a test-case program for disbursing subsidies to competitive providers that can deploy broadband to unserved areas. Our prior advisory provides additional background for interested readers. The order has not yet been released by the FCC, but according to an agency… Continue Reading

California PUC Opens Rulemaking to Cover Wireless Carriers Under Longstanding Pole Attachment and ROW Rules

Posted in Pole Attachments, State Activities, Wireless

On May 1, 2014, the California Public Utilities Commission (“PUC”)  opened a  Rulemaking to consider if its existing rules for nondiscriminatory access to utility poles, ducts, conduits, and rights-of-way should be amended to encompass Commercial Mobile Radio Service (“CMRS”) carriers.  The rulemaking was commenced  pursuant to a Petition filed by AT&T Mobility, claiming that because… Continue Reading

Wi-Fi Deployment to Accelerate after FCC Allocates 100 MHz of Unlicensed Spectrum

Posted in Spectrum Initiatives, Wireless

As we reported in our recent DWT Alert, cable operators and other Wi-Fi service providers are likely to deploy additional broadband network facilities following yesterday’s FCC action to adopt an order setting aside an additional 100 MHz of unlicensed spectrum for Unlicensed National Information Infrastructure (U-NII) devices operating in the 5150-5250 MHz portion of the… Continue Reading

Missouri Governor Revives Cell Tower Legislation

Posted in State Activities, Wireless

On March 20, 2014, Missouri Governor Jay Nixon signed into law SB 650, which is designed to expand broadband and wireless service throughout the state by limiting the ability of local authorities to place certain requirements or restrictions on wireless facility siting applications.  Most of the new bill’s provisions, along with three other bills relating… Continue Reading

FCC Makes Estimated $50 to $100 Million Available to Competitors Deploying Broadband in Rural Areas for the First Time

Posted in Broadband Deployment, Wireless

Competitive providers deploying broadband networks in rural areas will now be eligible to obtain direct subsidy support from the Federal Communications Commission (FCC) through an experimental program under the Connect America Fund (CAF).  The so-called “rural broadband experiment” is designed to test the feasibility of directing subsidies to competitors, including cable operators, CLECs, and wireless… Continue Reading

Second Circuit Confirms Town Of Greenburgh Unlawfully Denied Crown Castle DAS Network

Posted in Wireless

On Friday, Jan. 17, 2014, the U.S. Court of Appeals for the Second Circuit affirmed that the Town of Greenburgh, New York, had unlawfully denied Crown Castle’s application to install a 20 node distributed antenna system (DAS) in the public rights of way in the Town. TheSecond Circuit’s Order affirmed the U.S. District Court for the… Continue Reading

AT&T Petitions CPUC to Apply ROW Pole Attachment Access Rules to Wireless Carriers in California

Posted in Pole Attachments, State Activities, Wireless

On December 3, 2013, AT&T Mobility (“AT&T”) filed a petition with the California Public Utilities Commission (“CPUC”) seeking an amendment to the existing right-of-way (“ROW”) rules adopted by the CPUC in Decision 98-10-058 (“ROW Decision”).[1]  82 CPUC2d 510 (1998).  Specifically, AT&T requests that the CPUC extend the benefits and protections provided to competitive local exchange carriers… Continue Reading

FCC Proposes Rules Promoting Deployment of DAS and Small Cells

Posted in Broadband Deployment, Wireless

The FCC today proposed additional rules designed to promote the rapid deployment of wireless facilities and services, particularly, distributed antenna systems (DAS) and other forms of “small cell” deployments. The NPRM, the text of which should be released shortly, recognizes the need for more widely deployed wireless infrastructure to support increased consumer and machine-to-machine dependence… Continue Reading

Missouri Circuit Court Enjoins Two New Laws Promoting Wireless and Wireline Broadband Deployment

Posted in Broadband Deployment, State Activities, Wireless

As an update to our blog posts dated May 29, 2013 (Communication Attacher Efforts Lead to Laws Governing Pole Owning Electric Cooperatives and Municipalities) and August 13, 2013 (Missouri Enacts Statute Favorable For Wireless Industry and Broadband Deployment), today the Circuit Court of Cole County, Missouri, enjoined and stayed the two Missouri laws (HB 345… Continue Reading

Missouri Enacts Statute Favorable For Wireless Industry And Broadband Deployment

Posted in Broadband Deployment, State Activities, Wireless

On July 5, 2013, Governor Jay Nixon of Missouri signed into law HB 331 – the “Uniform Wireless Communications Infrastructure Deployment Act” (the “Act”).  The purpose of the Act is “to encourage and streamline the deployment of broadband facilities and to help ensure that robust wireless communication services are available throughout Missouri.” The Act is decidedly favorable… Continue Reading

Regional Transmission Organizations Can Be a Bellwether for Wireless Attachers on Transmission Towers

Posted in Broadband Deployment, Pole Attachments, Wireless

 Throughout the nation, wireless carriers attach their facilities to electric transmission towers, despite the fact that they do not have statutory rights to do so. The rights of wireless carriers to attach to electric facilities generally stems from the federal Pole Attachment Act, as amended by the Telecommunications Act of 1996 (“the Act”), codified at… Continue Reading