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New Hampshire PUC Addresses Pole Attachment Rates

The New Hampshire Public Utilities Commission (PUC) today issued an order approving a settlement of a pole attachment rate dispute between Public Service Company of New Hampshire and Time Warner...

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U.S. Court of Appeals for the D.C. Circuit Upholds FCC’s April 2011 Pole...

In a significant victory for cable and telecommunications providers, today the U.S. Court of Appeals for the District of Columbia Circuit, in a unanimous opinion, upheld the FCC’s April 2011 decision...

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Impact of Reclassification on Pole Attachments

The Order recognizes that the deployment of communications networks and broadband infrastructure depends heavily on access to utility poles on reasonable rates, terms and conditions. Accordingly, the...

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Open Internet Rules Become Effective June 12: Impact on Pole Attachments

On Friday, June 12 – barring a judicial stay – many of the FCC’s “Open Internet” rules will become effective. A significant consequence of the reclassification of retail broadband Internet access...

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The Need for Speed: FCC Circulates Proposal to Accelerate Broadband Deployment

On March 30, 2017, the FCC released a draft of a combined Notice of Proposed Rulemaking, Notice of Inquiry and Request for Comment designed to facilitate and accelerate the deployment of next...

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Sixth Circuit Vacates FCC Cable Franchise Rules on Mixed-Use Networks and...

On July 12, 2017, the U.S. Court of Appeals for the Sixth Circuit vacated two parts of the Federal Communications Commission’s decisions that had limited the ability of local franchising authorities...

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Louisville’s “One-Touch” Make-Ready Ordinance Upheld

In the first decision to consider the legality of a “one touch” make-ready ordinance, a federal district court in Kentucky upheld a City of Louisville law authorizing new attachers to utility poles to...

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FCC Releases Draft Internet Freedom Order

The wheel that is U.S. policy on “net neutrality” has taken another turn. On November 22, 2017, the FCC released a draft of the Internet Freedom Order, which, when effective, will reverse the...

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FCC Proposes Two Items to Expedite Wireline and Wireless Attachments to...

New “One Touch Make-Ready” Regime Proposed with Shortened Timeframes and Revised Terms for Completing Pole Attachment - Draft Declaratory Ruling Would Prohibit State and Local Moratoria on Wireline and...

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FCC Confirms Most In-Kind Contributions Are Franchise Fees, Curtails...

On August 1, 2019, the Federal Communications Commission (FCC) ruled that most non-cash (in-kind) assessments required by cable franchises constitute franchise fees subject to the 5% cap under the...

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A Declaration of Independence: Pennsylvania to Regulate Pole Attachments

Pennsylvania will become the twenty-first state to certify to the Federal Communications Commission (FCC) that it regulates third-party attachments to electric utility and telephone poles....By: James...

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D.C. Circuit Upholds FCC Deregulation of Broadband Service But Opens Door to...

On October 1, 2019, a divided panel of the D.C. Circuit issued a lengthy per curiam decision that largely upheld the Federal Communications Commission’s (FCC) Restoring Internet Freedom order, issued...

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Constructing Communications Networks During COVID-19

In response to COVID-19, local governments across the country have imposed moratoria on work in the ROW, or have closed permitting offices or public works departments altogether. In some places, we...

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FCC Clarifies Pole Attachment Rules Related to Access Denial and Agreement...

On July 29, 2020, the Federal Communications Commission's (FCC or Commission) Wireline Competition Bureau (WCB) released a Declaratory Ruling clarifying certain aspects of its rules governing the...

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FCC's One-Touch Make-Ready Pole Attachment Rules Upheld; All But One...

— Lone issue on 5G "aesthetics" in Small Cell Order remanded to FCC — Dissent limited to disagreeing with FCC's above-cost prohibitions on municipal fees in Small Cell Order - On August 12, 2020, a...

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9th Circuit Upholds FCC's 2018 Small Cell, Local Moratoria, and One-Touch...

On August 12, 2020, a three-judge panel of the 9th Circuit in City of Portland v. FCC rejected multiple challenges to the Federal Communications Commission's (FCC) Small Cell, Local Moratoria, and OTMR...

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