All the latest firm news and industry updates from Whiteman Osterman & Hanna.

Case Law Update - Real Property Taxation of Renewable Energy.pdfUnder Section 487 of the Real Property Tax Law (“RPTL”), real property which includes solar, wind, or other renewable energy systems (a “Renewal Energy System”) is exempt from real property taxation to the extent of any increase in value attributable to the presence of the Renewable Energy System on the property.[1] Local municipalities and school districts may adopt a resolution opting out of this exemption [...]

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By: Thomas A. Shepardson, Esq.Shot clocks are intended to spur action on the part of opposing entities.  For example, the National Basketball Association has the 24-second shot clock, and college basketball opted for a shot clock following the University of North Carolina’s four-corners “offense”.  Even in chess, players must stop the clock after they make a move. The Federal Communications Commission took this to heart and applied the shot clock concept to approval [...]

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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 [...]

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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 [...]

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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 [...]

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