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Wireless Facility Issues – Small Cells and OTARD Rules – Part V (Spectrum Act)

Can a mast and antenna structure that is exempt from local zoning regulation under the FCC's OTARD rule qualify as an "existing tower or base station" that may be upgraded without local interference under section 6409 (a) of the Federal Spectrum Act?

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Wireless Facility Siting Issues – Small Cells and OTARD Rules – Part IV (Antenna Facilities Upgrade)

In preceding parts of this post, we have examined the continuing viability of the FCC’s distinction between “carrier hub” antennas and customer-end antennas with regard to the FCC’s OTARD rule. In this part, we raise the question of what happens when a qualified OTARD antenna is upgraded by adding devices and functionality that are usually associated with carrier hub facilities.


Wireless Facility Siting Issues – Small Cells and OTARD Rules – Part III (Triton Network Systems)

As discussed in Part II, the FCC clarified its exclusion of “carrier hub” facilities from OTARD protection in the Continental Airlines case, decided in 2006. In particular, antenna facilities that are used to service multiple customers are not “carrier hub” facilities as long as the customers are physically located at the site where the antenna is deployed. However, that analysis raises the question of how the antenna site “location” is to be defined and described.

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Wireless Facility Siting Issues: Small Cells and OTARD Rules – Part II (Continental Airlines)

How the Continental Airlines declaratory ruling affects analysis of the distinction between protected customer-end antennas and unprotected carrier hub antenna facilities under the OTARD rule.

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Wireless Facility Siting Issues – Small Cells and OTARD Rules – Part I

The deployment of 5G wireless networks on a wide scale will require the installation of hundreds of thousands of small cell devices in strategic locations to deliver high-frequency signals over the last mile to the customer premises.

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Statement of Gigi Sohn on the June 11 Effective Date of the FCC’s December 14, 2017 Net Neutrality Repeal

On Monday, June 11, the Federal Communications Commission’s December 14, 2017 repeal of the agency’s 2015 Open Internet Order will go into effect. This repeal not only eliminates the 2015 Open Internet Rules, but also eliminates the agency’s authority to oversee the broadband market. The following statement should be attributed to Gigi Sohn:

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Understanding Cell Tower Leases

Telecommunications companies are increasingly reaching out to property owners to discuss cell towers lease agreements -- whether it’s negotiating new ones or renegotiating existing contracts. After all, much of today’s lifestyle is built around cell phone use. The expanding reach of cell phones is also what increases the need for proper coverage. One could make the argument that these cell towers have become the very backbone of modern life. Yet, many people who are contacted don’t understand the full value of a cell tower on their property.

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Terms of Criticism for Contemporary Painting: A note on David Salle on Laura Owens

I had heard of American painter Laura Owens. I’d seen her name bandied about, but a quick perusal of small reproductions of her paintings did not inspire me to investigate further. Then my latest copy of the New York Review of Books, a publication I take seriously, arrived in the mail.

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Part II – MTE Access Reform According to INCOMPAS

This is Part II of an extended entry to this blog on MTE Access Reform. Originally, I planned to make Part II a summary of filings by reform proponents in the FCC’s Notice of Inquiry (the “NOI”) in the Improving Competitive Broadband Access to Multiple Tenant Environments proceeding, with Part III a summary of filings by reform opponents, and so on. However, upon reading the filings by reform proponent INCOMPAS, the plan has evolved, because I believe that comments filed by INCOMPAS deserve particular attention. The plan will continue to evolve as we move forward.

Written by: Carl Kandutsch


"Our 399 unit condo decided to move from a bulk cable service contract to a competitive cable service environment. Carl helped us manage the complicated process of terminating the multiyear bulk contract ...


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Member, Board of Directors
Multifamily Broadband Council (MBC) 

In wake of the FCC’s Notice of Inquiry called Improving Competitive Broadband Access to Multiple Tenant Environments, competitive access to multi-tenant properties is again a burning public policy issue. We intend to summarize the controversy in a series of blog entries in the coming weeks.

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