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HIGHLIGHTS OF 2018 FCC DECLARATORY RULING PROMOTING DEPLOYMENT OF SMALL WIRELESS FACILITIES5G IS COMING BE PREPAREDSmall wireless facilities are defined as facilities that meet each of the following conditions: The facilities—(i) Are mounted on structures 50 feet or less in height including their antennas as defined in § 1.1320(d); or (ii) Are mounted on structures no more than 10 percent taller than other adjacent structures; or (iii) Do not extend existing structures [...]

BACKGROUNDPursuant to the Telecommunications Act of 1996, on September 26, 2018, the Federal Communications Commission issued a Declaratory Ruling and Third Report and Order (the Order) that preempts certain state and local regulatory authority claiming that existing local regulations hinder the deployment of 5G infrastructure.  The Order was published in the Federal Register on October 15, 2018 and becomes effective on January 14, 2019.  Local rules concerning aesthetic concerns [...]

New York municipalities beware.  On September 4, 2018, in response to complaints from the telecommunications industry that local rules and regulations are a burden to the deployment of their facilities, the FCC announced that it will vote on September 25, 2018 on an Order that will speed deployment of new 5G network technologies across the country that will have an immediate impact on New York State municipalities.  Approval of the Order appears to be a foregone conclusion.  See [...]

 “Not in my front yard!” is the battle cry for residents and battleground for municipalities across New York, as they prepare for the deployment of the next generation of wireless infrastructure 5G technology.  Cellular services providers, with the assistance of federal law and FCC orders, have opted to deploy the latest technology - small cells and DAS systems - in municipal rights-of-way, much to the chagrin, in many cases, of local leaders and residents.  By one [...]

Legislation amending the New York State Real Property Actions and Proceedings Law (Zombie Property Law) now provides New York municipalities with a new and effective enforcement tool to address blight and to prevent further devaluation of homes in their communities. This law is aimed at addressing the “zombie” property phenomena by requiring banks and lenders to take, among other things, timely pre-foreclosure action to identify, secure and maintain abandoned homes. A lender faces [...]