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The Ninth Circuit Court of Appeals’ recent decision in City of Portland v. Unites States, No. 18-72689 (9th Cir. 2020), significantly affects the ability of local governments to regulate the installation of so called “small cell” wireless facilities and addresses the ability of wireless providers to utilize utility poles. The underlying FCC orders issued in 2018 (the Orders) addressed issues arising from developing 5G broadband technology. The City of Portland upholds most, but finds some of the Orders overbroad. The decision contains nine rulings on the challenged Orders, and this Article will focus on those having the most significant implications for 5G deployment and state and local regulations. The decision rests upon the FCC’s authority created by the Telecommunications Act of 1996 (the Act) promulgated to address issues arising out of the then new wireless telecommunications industry. The Act states in pertinent part that the FCC is authorized: “to preempt any state and local requirements that ‘prohibit or have the effect of prohibiting’ any entity from providing telecommunications services. See, 47 U.S.C. §253(a), (d).”
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The Guaranty Law Continues to Divide Opinion
By Matthew J. Schenker and Joshua Kopelowitz
This article discusses the recent developments surrounding the constitutionality of the Guaranty Law. In particular, we address the Southern District’s view that the statute is unconstitutional and the splintered view of the statute’s constitutionality expressed by New York State courts.
By New York Real Estate Law Reporter Staff
ZBA’s Abandonment of Its Prior Determination Invalid
Denial of Area Variance Upheld
Lease of Town Property Upheld; Property Not Subject to Public Trust
East Side Rezoning Upheld Against SEQRA Challenge
By New York Real Estate Law Reporter Staff
Partial Constructive Eviction Defense Recognized
Condition Precedent to Sub-Sublease Not Satisfied
Guaranty Law Does Not Bar Liquidated Damages Claim
Penalty for Improper Conversion of Residential Building
Force Majeure Clause Reduces Pandemic-Era Rent
By New York Real Estate Law Reporter Staff
Contract Language Does Not Bar Purchaser’s Recovery of Prejudgment Interest