On Friday, June 20th, the Supreme Court in McLaughlin Chiropractic Assoc., Inc. v. McKesson Corp., No. 23-1226 (U.S. June 2025), ruled in a 6-3 decision that the Hobbs Act does not bind federal district courts in civil...more
6/25/2025
/ Administrative Procedure Act ,
Appeals ,
FCC ,
Government Agencies ,
Hobbs Act ,
Judicial Review ,
SCOTUS ,
State and Local Government ,
Statutory Interpretation ,
TCPA ,
Telecommunications
Local governments must prepare now for renewed efforts in Washington, D.C. to restrict, and in some cases, eliminate a community’s ability to manage their property, receive fair compensation for the private use of public...more
2/14/2025
/ Broadband ,
FCC ,
Infrastructure ,
Legislative Agendas ,
New Legislation ,
Permits ,
Preemption ,
Regulatory Agenda ,
State and Local Government ,
Telecommunications ,
Zoning Laws
Background on the Telephone Consumer Protection Act - Congress enacted the Telephone Consumer Protection Act (TCPA) in 1991 to address the growing number of uninvited marketing calls, including calls made by local...more
Final Rule, Considered Victory for Local Governments, Takes Effect in April 2022 -
The U.S. Department of Treasury has released the Final Rule governing implementation of the American Rescue Plan Act (ARPA) Coronavirus...more
U.S. Treasury Provides Direction on Distribution to Non-Entitlement Units of Local Government -
Yesterday, the U.S. Treasury released additional guidance on the Coronavirus State and Local Fiscal Recovery Fund,...more
Ninth Circuit Takes on FCC Small Cell Orders -
The U.S. Ninth Circuit Court of Appeals handed local governments some wins in a decision last week arising from the court’s consolidation of five appeals from three FCC 5G...more
8/18/2020
/ 5G Network ,
Appeals ,
Arbitrary and Capricious ,
Cell Towers ,
FCC ,
Infrastructure ,
Local Aesthetic Regulations ,
Municipalities ,
State and Local Government ,
Telecommunications ,
Telecommunications Act ,
Wireless Industry
When the FCC’s Cable Franchise Order became effective on Sept. 26, it upended 35 years of common understanding on what a local government could obtain in cable franchise negotiations, which could cost local governments...more
Recently enacted Texas legislation significantly reduces right-of-way fees paid to Texas cities by companies that provide telecommunications and cable services. This legislation could influence right-of-way compensation laws...more
10/21/2019
/ Cable Operators ,
Cell Towers ,
Compensation ,
Critical Infrastructure Sectors ,
Fees ,
Municipalities ,
New Legislation ,
Private Property ,
Real Estate Market ,
Revenue ,
Right of Way ,
State and Local Government ,
Telecommunications ,
Wireless Industry ,
Wireless Technology
A new FCC Order updating cable franchising rules could cost local governments in every state hundreds of millions of dollars. The Order arms cable operators with the right to require existing franchise terms be modified to...more
The Federal Communications Commission has proposed an expansion of its rules for Over-the-Air Reception Devices in what it says is an effort to spur the deployment of 5G infrastructure.
The FCC’s recommended changes have...more
5/7/2019
/ 5G Network ,
Broadband ,
Comment Period ,
Emerging Technology Companies ,
FCC ,
Infrastructure ,
Internet Service Providers (ISPs) ,
Local Ordinance ,
Municipalities ,
Proposed Rules ,
Public Comment ,
Public Health ,
Public Property ,
Regulatory Authority ,
Regulatory Oversight ,
State and Local Government ,
Telecommunications ,
Wireless Facilities ,
Wireless Industry ,
Zoning Laws
The FCC today released a Second Notice of Proposed Rulemaking that, if adopted, would allow cable operators to deduct the value of in-kind contributions from cable franchise fee payments, and would limit the authority of...more
In President Donald Trump’s first State of the Union Address last night, he touched on infrastructure by discussing a proposed plan to direct at least $1.5 trillion toward infrastructure investment over the next decade. To...more
San Jose Mayor Sam Liccardo’s resignation from the FCC’s Broadband Deployment Advisory Committee last week signals that communities around the country are facing the imminent prospect of new federal wireless regulations (and...more
There is plenty of uncertainty surrounding what President-elect Donald Trump’s infrastructure plan will be. What is certain is that: 1.) things will move quickly in Washington, D.C. in the coming weeks and 2.) now is the time...more
A city granting an applicant’s request for a continuance of a public hearing over installation of a wireless tower is not a mutual agreement to toll the FCC’s “shot clock,” a federal court has ruled. In addition, a vague...more
Post-Election Opportunities for Local Government Agencies -
Last week, the nation experienced an election unlike any other in history. A major party candidate broke with his party’s governing philosophies, yet led that...more
Public and Private Agencies' Rates Could Be Impacted -
The FCC is expected to issue a Further Notice of Proposed Rulemaking on April 28 that will rewrite the rules that protect local governments, public agencies and...more
In This Presentation:
FCC Issues -
• When will we have a 5 person Commission?
• Issues
..E Rate and help for broadband adoption
..Demise of Title II regulation and the rise of net...more