By Eli Elbaum* One of the bedrocks of the Telecommunication Act of 1996 (“TCA”) is that no municipal requirement, “…may prohibit or have the effect of prohibiting the ability of any entity… to provide intrastate or intrastate telecommunications service.” 47 U.S.C.A. § 253 (a). What constitutes an “effective prohibition” has been the subject of much … Read more
Contributed Article from: https://nysba.org/municipal-lawyer-vol-38-no-1/ (Requires NYSBA membership)
2:05-mc-02525 (WDPA) On June 8, 2023, Vertical Bridge REIT, LLC (“Vertical Bridge”) sued Everest Infrastructure Partners, Inc. and EIP Holdings II, LLC (collectively “Everest”) in the United States District Court for the Western District of Pennsylvania. Vertical Bridge contends that “Everest has developed and implemented an improper, multi-state, and multimillion dollar scheme to unlawfully improve … Read more
Today, the Supreme Court of the United States released its decision in City of Arlington, TX et al. v. FCC et al., in which it affirmed in a 6-3 decision the Fifth Circuit’s upholding of the FCC’s Wireless Facility Siting Shot Clock. The decision is available here. Justice Scalia wrote the decision in which Justices Thomas, … Read more