by Gary Taylor While the bulk of the October 21 FCC ruling addressed Section 6409(a) which addresses collocation, modification, and replacement of wireless facilities, it also contained a section meant to clarify the 90- and 150-day presumptive deadlines (the “cell tower shot clock”) set forth by the FCC in a 2009 ruling, and a section … Continue reading FCC ruling Part IV: Shot clock clarification and other matters
by Gary Taylor City of Arlington, Texas v. Federal Communications Commission (U.S. Supreme Court, May 20, 2013) This case was previously discussed in this blog here. On Monday, the U.S. Supreme Court issued its opinion, which effectively validates the FCC’s shot clock declaratory ruling. A summary of the Court’s opinion: The Federal Telecommunications Act (FTA) … Continue reading US Supreme Court validates FCC’s shot clock ruling for local decisions on cell tower permits
Last month the US Supreme Court agreed to hear two cases concerning the FCC’s “shot clock” (previous blogposts on the shot clock are found here) which set time limits on local governments for deciding on zoning requests for cell towers: 90 days for collocations (placing antennas on existing towers) and 150 for all other applications. … Continue reading Supreme Court to address FCC “shot clock” for local governments on cell tower applications (sort of)
by Gary Taylor On November 18, 2009 the Federal Communications Commission (FCC) issued a declaratory ruling that established a “shot clock” for local zoning authorities acting on wireless facilities siting applications. Under the ruling, local governments have 90 days to act on requests for collocations (placing antennas on existing towers) and 150 for all other applications. … Continue reading FCC refuses to reconsider cell tower shot clock ruling
by Gary Taylor The FCC’s November order establishing a “shot clock” under which state and local governments must review and act upon tower siting requests (link to previous blog posts here) has been challenged by several government entities. Five groups – The National League of Cities, the National Association of Telecommunications Officers and Advisors, the National Association of Counties, the … Continue reading Update on FCC shot clock ruling on cell towers
by Gary Taylor On November 18 the Federal Communications Commission (FCC) issued a declaratory ruling that could have a significant impact on the way some communities process applications for cell towers and antennas. The ruling establishes a “shot clock” for local zoning authorities acting on wireless facilities siting applications. The Federal Telecommunications Act (FTA) requires … Continue reading FCC creates “shot clock” for cell tower/antenna applications
by Gary Taylor The International Municipal Lawyers Association (IMLA) has assembled materials addressing the FCC’s recent ruling placing time limits on a city/county acting on a cell tower application (I previously blogged on the ruling itself – available here). The Varnum law firm has developed a presentation on the ruling, what it means for local … Continue reading More on FCC’s shot-clock ruling on cell tower decisions
One of the goals of HF655 was to fill in “gaps” in the FCC rules when it comes to local regulation of the placement of new towers. The first two posts on this blog essentially addressed those circumstances. Another goal of the bill was to create a set of rules at the state level (which … Continue reading Third and final installment: Iowa’s impending wireless facilities siting legislation
Today the US Supreme Court issued its ruling concerning the “in writing” requirement of the Federal Telecommunications Act. My previous post explaining the case, and the disagreement among the federal circuit courts, is here. by Gary Taylor T-Mobile South, LLC v. City of Roswell, Georgia United States Supreme Court, January 14, 2015 T-Mobile South submitted … Continue reading US Supreme Court issues opinion on “in writing” requirement of Federal Telecommunications Act
by Gary Taylor Section 6409(a) of the Spectrum Act provides: [A] state or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station. This post will focus on … Continue reading FCC ruling on collocation explained, Part III
