MEMORANDUM. Managers, Administrators, Clerks, Attorneys, and Planners

Size: px
Start display at page:

Download "MEMORANDUM. Managers, Administrators, Clerks, Attorneys, and Planners"

Transcription

1 MEMORANDUM To: From: Managers, Administrators, Clerks, Attorneys, and Planners Kimberly S. Hibbard, General Counsel Date: September 15, 2013 Re: City Authority to Regulate Wireless Telecommunications HB 664 Cell Tower Deployment Act (S.L ) There has been a long-standing tension between the wireless industry, which seeks to maximize capacity to provide cell and data services in a competitive environment and therefore prefers an expedited, streamlined and predictable regulatory process, and local governments, which seek to apply land use controls and processes that take into account local conditions, aesthetics, public safety, comprehensive plans, and citizen concerns. Although much of this dynamic has unfolded at the federal level, with Congress, the Federal Communications Commission (FCC) and the courts playing key roles, state legislatures are increasingly stepping into the debate to make state policy decisions as to where the balance should lie. During the 2013 session, the N.C. General Assembly did so, enacting HB 664 Cell Tower Deployment Act (S.L ). The legislation amends existing statutes to further restrict the authority of local governments with regard to the siting of new wireless structures and the collocation of wireless facilities on existing structures. This memorandum provides an overview of federal law and a brief background on the push for state legislation, followed by a summary of existing law and the major changes contained in HB 664. I. Federal Law The legal framework for the regulation of wireless telecommunications is a complex mix of federal laws and administrative rules, state statutes, local ordinances, and case law.

2 Pertinent federal law is found primarily in the Telecommunications Act of That act generally preserves local government authority to regulate the placement, construction, and modification of personal wireless service facilities. However, it specifies that such regulation cannot prohibit or have the effect of prohibiting the provision of personal wireless services and cannot unreasonably discriminate among providers of functionally equivalent services. It requires that local governments act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable time, taking into account the nature and scope of the request. Decisions to deny requests must be in writing and supported by substantial evidence in the written record. Further, it prohibits regulation on the basis of the environmental effects of radio frequency emissions as long as the facility in question is in compliance with the FCC s regulations concerning such emissions. 47 U.S.C. 332(c)(7). In 2009, the FCC issued a declaratory ruling interpreting the reasonable time for taking action on requests. This ruling, setting presumptive time limits on local government review of applications, is widely known as the shot clock. Under the FCC ruling, local governments have 90 days to render a decision regarding a collocation on an existing cell tower and 150 days for all other types of applications. Litigation challenging the FCC s authority to interpret the ambiguous language in the federal statute was resolved earlier this year, with the U.S. Supreme Court ruling that the shot clock interpretation is within the broad authority granted to the FCC to implement the Telecommunications Act. City of Arlington, Texas v. Federal Communications Commission, 569 U.S. (decided May 20, 2013). Meanwhile, Congress amended the federal Telecommunications Act as a part of the Middle Class Tax Relief and Job Creation Act of A key new provision expressly limits local government authority to control the collocation of new facilities or the removal or replacement of existing facilities on existing towers. Section 6409 (Wireless Facilities Deployment) provides that a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station (emphasis added). Under the amendment, an eligible facilities request is defined to mean any request for modification of an existing wireless tower or base station that involves collocation of new transmission equipment, removal of transmission equipment, or replacement of transmission equipment. The federal statute did not provide a definition of what constitutes a modification or a substantial change in physical dimensions. 47 U.S.C. 1455(a). The FCC stepped in again to fill in the blanks on what constitutes a substantial change in dimensions. See FCC Public Notice, DA (dated January 25, 2013). In its guidance (not yet a rulemaking), the FCC suggested use of the test developed in the Nationwide Collocation Agreement, an agreement created in the context of historic 2

3 preservation issues. Under this test, a substantial change in physical dimensions would occur if (1) the proposed antenna would increase the existing height of the tower by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater (may exceed these size limits if necessary to avoid interference with existing antennas); (2) the proposed antenna would involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four, or more than one new equipment shelter; (3) the proposed antenna would involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater (may exceed these size limits if necessary to shelter the antenna from inclement weather or connect the antenna to the tower via cable; OR (4) the proposed antenna would involve excavation outside the current tower site, defined as the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site. The Middle Class Tax Relief and Job Creation Act also included provisions directing the establishment of a nationwide public safety wireless broadband network. FirstNet, the authority tasked with building the network, is to use existing infrastructure to the maximum extent economically desirable, see 47 U.S.C. 1428, and it is anticipated that a large increase in collocations will be necessary to accomplish this.. II. State Law While agency action and litigation were playing out at the federal level, the industry turned to state legislatures to seek relief from local requirements and processes perceived as roadblocks to deployment. In the 2007 session, the N.C. General Assembly responded to industry frustration by enacting Part 3E of G.S. Chapter 160A, Article 19 (Wireless Telecommunications Facilities), and parallel provisions for counties in G.S. Chapter 153A, Article 18. Those statutes generally set forth local government authority, specified categories of collocations that are entitled to streamlined processing, and established a state law shot clock for action on such collocations. 3

4 The smartphone explosion occurred in the years after the 2007 state law was enacted and has exponentially increased the demand for data transmission capacity. As a result, the wireless industry sought amendments to state law this year. The industry argued that further expediting local government approvals for collocations is necessary to aid in the rapid deployment of mobile broadband infrastructure, both to facilitate the national emergency communications network contemplated by the 2012 federal amendment and to meet the public s growing demand for state-of-the-art wireless services. Legislation was also pitched as a way to conform state law to federal, lifting some of the confusion that might result from inconsistencies between the two. The 2013 session was marked by a focus on regulatory reform as a way to remove impediments to economic growth. The League advocated for a version of HB 664 that would make only those changes necessary to conform to federal law. During a rapid negotiation process, some improvements to early versions were achieved and several proposed changes were scaled back. In the end, however, the legislation as enacted goes beyond conformance to federal law and impacts city authority in significant ways, reflecting the General Assembly s public policy decision to strike the balance in favor of a reduced regulation. III. Summary of HB 664 Following are the major provisions of HB 664. A brief summary of the existing statute is provided to give a better picture of what has changed. a. General municipal authority Existing statute. Unless expressly stated otherwise, cities may regulate wireless facilities and structures based on land use, public safety, and zoning considerations, including aesthetics, landscaping, structural design, setbacks, and fall zones, or state and local building code requirements, consistent with the provisions of federal law. Public safety does not include requirements relating to radio frequency emissions. G.S. 160A (a). New state law: The existing provisions setting forth the basic parameters of city authority were moved to new GS 160A A. The new provision clarifies that public safety is broadly defined to include, without limitation, federal, state, and local safety regulations other than those relating to radio frequency emissions. b. New wireless support structures Existing statute. Applications for new support structures such as cell towers may only be reviewed for compliance with public safety, land use, and zoning issues addressed in 4

5 the city s regulations. The city can look at evidence as to whether existing structures could be used for antenna placement instead of constructing a new tower, whether the proposed height of the new tower is necessary to provide the designed service, and whether residential, historic and scenic areas cannot be served from outside those areas. Cities can also require applicants to evaluate whether collocation on an existing structure is reasonably feasible. However, the city may not evaluate the applicant s business decisions about its designed service, customer demand, or quality of service to or from particular areas. G.S. 160A (c). Decisions to approve or deny applications must be made within a reasonable period of time consistent with the issuance of other land-use permits. G.S. 160A (e). New state law. Although the amended statute retains the language summarized above, it further restricts the type of information that can be requested of the applicant. The city may not require information about the specific need for a new wireless support structure, including whether the service from the new structure is to add additional wireless coverage or capacity, and may not require proprietary, confidential, or other business information to justify the need for the new structure. G.S. 160A (c). It is not entirely clear how cities can continue to evaluate all of the items in G.S. 160A (c) in light of this prohibition. The additional prohibition may make it very difficult for cities to gather substantial evidence to support the denial of an application as required under federal law. The amended statute retains the reasonable period of time for decisions, but note that this period should not exceed the 150 days allowed for non-collocation applications under the federal shot clock. c. Substantial modification of a wireless support structure Existing statute. Existing law does not include the term substantial modification. It differentiates between those collocations that are entitled to streamlined processing and those that are not, but an increase in physical dimensions is only one of the criteria considered in making that determination, and any amount of increase in height or width can be a disqualifier. New state law. HB 664 makes the approval procedures and limitations that are applicable to new wireless support structures also applicable to a subset of collocations that are considered substantial modifications. Substantial modification is defined in the statute as the mounting of a wireless facility on a wireless support structure that substantially changes the physical dimensions of the support structure. The definition creates a presumption that a change meeting any of three listed criteria is a substantial modification, but it leaves the door open for a city to demonstrate that other types of changes constitute a substantial modification. G.S. 160A (7a). Note that HB 664 s definition of substantial modification is not the same as that contained in the FCC s guidance outlined on page 2-3 above. The FCC guidance criteria 5

6 (1) and (3) are included in the state statutory definition, while (2) and (4) are not. The state law definition also includes an additional category of substantial modification increasing the square footage of the existing equipment compound by more than 2,500 square feet. The overall effect of HB 664 s definition is to create a much broader set of collocations that will not meet the definition of substantial modification and will therefore be entitled to streamlined processing rather than the same standards and procedures as new wireless structures. It also raises the possibility that state law will be inconsistent with federal law once the FCC completes a rulemaking to establish a binding interpretation as to what constitutes a substantial change in physical dimensions. d. Mandatory approval of some requests Existing statute. Existing state law does not mandate approval. New state law. The amended law cites to the federal Middle Class Tax Relief and Job Creation Act and provides that pursuant to that act a city may not deny and shall approve any eligible facilities request. G.S. 160A (a). An eligible facilities request is defined as a request for modification of an existing wireless tower or base station that involves collocation of new transmission equipment or replacement of transmission equipment but does not include a substantial modification. G.S. 160A (4a). This significant removal of local discretion generally tracks the amended federal law. Note that the federal definition of an eligible facilities request includes removal of equipment, an item not included in the state definition. e. Streamlined processing and shot clock Existing statute. Under existing law, two categories of collocations are entitled to streamlined processing: (1) collocations where an additional wireless facility is within the number of facilities previously approved for the support structure and meets all the requirements and conditions of the original approval, and (2) collocations that do not increase the overall dimensions of the tower, do not increase the ground area for equipment enclosures, comply with regulations and conditions applied to the initial wireless facilities placed on the tower, comply with federal, state and local safety requirements; and do not exceed weight limits for the structure. Under the existing streamlined processing, the application is reviewed for conformity with site plan and building permit requirements but is not otherwise subject to zoning requirements or public hearings. The local government must review the application and identify any deficiencies within 45 days of submission, and a written decision to approve or deny a completed application must then be made within 45 days. 6

7 New state law. The amended statute applies streamlined processing to all types of collocations (except those that create a substantial modification) and to the new category of eligible facilities requests (see definition above). A collocation is the placement of wireless facilities on an existing structure, not limited to towers, while an eligible facilities request involves modification of an existing tower or base station. The new law retains the state shot clock for streamlined processing 45 days to identify deficiencies in the completeness of the application and 45 days to render a decision in writing once the application is complete. [For an eligible facilities request, the decision must be to approve; for a collocation that is not an eligible facilities request, the decision is either to approve or deny.] A city may deem an application incomplete if there is insufficient evidence provided to show that the proposal will comply with federal, state, and local safety requirements, but the city may not deem applications incomplete for any issue not directly related to the actual content of the application and subject matter of the collocation or eligible facilities request. f. Maintenance of equipment Existing statute. Maintenance of structures and facilities is subject to the city s general authority to regulate applications. G.S. 160A (a). New state law. Federal law treats the replacement of transmission equipment for existing towers and base stations as an eligible facilities request that must be approved, presumably after an application has been reviewed. The amended state law includes replacement of transmission equipment in the definition of eligible facilities request as well, but goes on to specify that nothing in the statute requires an application and approval for routine maintenance or limits routine maintenance of support structures and facilities. Routine maintenance is defined to include activities associated with regular and general upkeep of structures and facilities, including replacement of existing facilities with facilities of the same size. G.S. 160A (a). g. Consultant fees Existing statute: Consultant fees must be reasonable and not in excess of what is usual and customary for such services. G.S. 160A (f). New state law: Under the new provisions, consultant fees are further limited. For new wireless support structures and collocations that are substantial modifications, fees for the review of an application may not be used for a consultant s travel and meal expenses, or for a contingent fee consultant arrangement. G.S. 160A (f). For eligible facilities requests and collocations that are not substantial modifications, cities may not impose a consultant fee in excess of $1,000 and there is a similar prohibition on 7

8 use of application fees for consultant s travel and expenses or contingent consultant arrangement. G.S. 160A (a3). h. State property Previous statute. The state may lease property for the construction and placement of communications towers on state land and for the placement of antennas on state-owned structures. City and county ordinances apply to towers and antennas so authorized. G.S New state law. The state may lease property or grant an easement or license for towers and equipment on state land and for installing and operating equipment on towers, buildings, or ground area owned or leased by the state. The Governor, with approval of the Council of State, may adopt rules authorizing the Department of Administration to approve and execute classes of leases, easements, and licenses. Land in the state parks system may only be leased or conveyed with approval of the Secretary of the Department of Environment and Natural Resources. The provision regarding city and county ordinances remains unchanged. G.S i. Effective date The amendments to the city and county enabling statutes will become effective October 1, The provisions dealing with state lands were effective June 26, IV. Local action needed Please review as soon as possible any local ordinances that regulate wireless structures and facilities, in close consultation with the city attorney and planning staff. Amendments to conform to the new provisions in HB 664 are likely to be necessary. This is also an opportunity to ensure that ordinances are in line with all recent developments at the federal level. For further reading on the regulation of wireless sites, see these School of Government s blog posts: Can We Top Off Our Tower? and Wireless Telecommunications Facilities: Can North Carolina Communities Avoid Shot-Clock Violations? The League will be working to update materials on the website as well. 8

Staff Report WIRELESS TELECOMMUNICATION FACILITY SITING REQUIREMENTS AND STANDARDS. December 16, 2014

Staff Report WIRELESS TELECOMMUNICATION FACILITY SITING REQUIREMENTS AND STANDARDS. December 16, 2014 ITEM #34 Staff Report WIRELESS TELECOMMUNICATION FACILITY SITING REQUIREMENTS AND STANDARDS December 16, 2014 BACKGROUND: The wireless telecommunications industry is dynamic, with ever-changing technologies.

More information

CHAPTER 23 Wireless Communication Facilities

CHAPTER 23 Wireless Communication Facilities CHAPTER 23 Wireless Communication Facilities Section 23.1 Purpose It is the general purpose and intent of this Section to comply with the requirements of the Federal Telecommunications Act of 1996, as

More information

Presented by Scott Thompson, Jay Ireland, Maria Browne, John Seiver, Jill Valenstein, and Jim Tomlinson October 23, 2013

Presented by Scott Thompson, Jay Ireland, Maria Browne, John Seiver, Jill Valenstein, and Jim Tomlinson October 23, 2013 Current Legal Issues Affecting Broadband Infrastructure Deployment Presented by Scott Thompson, Jay Ireland, Maria Browne, John Seiver, Jill Valenstein, and Jim Tomlinson October 23, 2013 Introduction

More information

Cellular Antenna Towers for Cellular Telecommunications Service or Personal Communications Services

Cellular Antenna Towers for Cellular Telecommunications Service or Personal Communications Services ARTICLE XV CELL TOWER REGULATIONS Cellular Antenna Towers for Cellular Telecommunications Service or Personal Communications Services Sect. 1500 Purpose The purposes of these regulations are: to provide

More information

VILLAGE OF PLEASANT PRAIRIE COMMERCIAL COMMUNICATION PERMIT

VILLAGE OF PLEASANT PRAIRIE COMMERCIAL COMMUNICATION PERMIT VILLAGE OF PLEASANT PRAIRIE COMMERCIAL COMMUNICATION PERMIT CLASS 1 COLLOCATION New Commercial Communication Structure Substantial Modification Please check one of the following: CLASS 2 COLLOCATION OTHER

More information

DATE STAMP RECEIVED BY OFFICE OF PLANNING

DATE STAMP RECEIVED BY OFFICE OF PLANNING Applicants must appear in person to file an application. Applications by mail or courier will not be accepted. APPLICATION FOR A SPECIAL ADMINISTRATIVE PERMIT (SAP) File No.: FOR CELL TOWERS (new or increase

More information

CHECKLIST FOR TELECOMMUNICATION TOWER CO-LOCATION APPLICATIONS. Conditional Use Permit Approved by Board of Supervisors Date of approval:

CHECKLIST FOR TELECOMMUNICATION TOWER CO-LOCATION APPLICATIONS. Conditional Use Permit Approved by Board of Supervisors Date of approval: CHECKLIST FOR TELECOMMUNICATION TOWER CO-LOCATION APPLICATIONS Conditional Use Permit Approved by Board of Supervisors Date of approval: Site Plan Approval: Date of approval: Fees: $4,000 Licensed Co-location

More information

Subject to FirstNet Board Review and Approval SPECTRUM MANAGER LEASE AGREEMENT I. PARTIES AND PURPOSE BETWEEN THE FIRST RESPONDER NETWORK AUTHORITY AND THE STATE OF NEW MEXICO This non-exclusive Spectrum

More information

REGULATIONS FOR CELLULAR ANTENNA TOWERS AND CELLULAR TELECOMMUNICATIONS SERVICES

REGULATIONS FOR CELLULAR ANTENNA TOWERS AND CELLULAR TELECOMMUNICATIONS SERVICES REGULATIONS FOR CELLULAR ANTENNA TOWERS AND CELLULAR TELECOMMUNICATIONS SERVICES Joint City-County Planning Commission of Barren County, Kentucky 126 East Public Square City Hall Glasgow, KY 42141 A. PURPOSE:

More information

AGENCY: National Telecommunications and Information Administration, U.S. Department of

AGENCY: National Telecommunications and Information Administration, U.S. Department of This document is scheduled to be published in the Federal Register on 12/15/2015 and available online at http://federalregister.gov/a/2015-31516, and on FDsys.gov Billing Code: 3510-60-P DEPARTMENT OF

More information

TOWER ORDINANCE TOWN OF OWLS HEAD

TOWER ORDINANCE TOWN OF OWLS HEAD TOWER ORDINANCE TOWN OF OWLS HEAD Adopted - August 30, 1999 Amended - August 26, 2002 Amended June 1, 2009 TABLE OF CONTENTS PAGE Section 1 Title.. 1 Section 2 Authority.. 1 Section 3 Purpose. 1 Section

More information

Municipal Broadband Authority: State Law, FCC, and beyond. NCGFOA Summer Conference 2015 Shannon Tufts, UNC-CH SOG Kara Millonzi, UNC-CH SOG

Municipal Broadband Authority: State Law, FCC, and beyond. NCGFOA Summer Conference 2015 Shannon Tufts, UNC-CH SOG Kara Millonzi, UNC-CH SOG Municipal Broadband Authority: State Law, FCC, and beyond NCGFOA Summer Conference 2015 Shannon Tufts, UNC-CH SOG Kara Millonzi, UNC-CH SOG Government Food Chain US Constitution Federal Laws Federal Regulations

More information

Chapter 32A TELECOMMUNICATION PROVIDERS

Chapter 32A TELECOMMUNICATION PROVIDERS Chapter 32A TELECOMMUNICATION PROVIDERS 32A.01.00 Purpose The purposes of this ordinance are to regulate access to and ongoing use of public rights-of-way by telecommunications providers for their telecommunications

More information

BILL DRAFT 2005-RBxz-36B: Video Service Competition Act

BILL DRAFT 2005-RBxz-36B: Video Service Competition Act BILL DRAFT 2005-RBxz-36B: Video Service Competition Act BILL ANALYSIS Committee: Revenue Laws Study Committee Date: May 2, 2006 Introduced by: Summary by: Cindy Avrette Version: Draft Committee Counsel

More information

3 September 9, 2015 Public Hearing

3 September 9, 2015 Public Hearing 3 September 9, 2015 Public Hearing APPLICANT: PI TELECOM INFRASTRUCTURE T, LLC PROPERTY OWNER: JSW HOLDINGS, LLC STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit (communications tower-monopole)

More information

State and Territory Coastal Management Program Managers

State and Territory Coastal Management Program Managers MEMORANDUM FOR: FROM: SUBJECT: State and Territory Coastal Management Program Managers Jeffrey R. Benoit Director Final Program Change Guidance Attached is the Office of Ocean and Coastal Resource Management

More information

TOWN OF WOODSIDE. The Town Council introduced the attached draft ordinance at its regular meeting on July 28, 2015.

TOWN OF WOODSIDE. The Town Council introduced the attached draft ordinance at its regular meeting on July 28, 2015. TOWN OF WOODSIDE Report to Town Council Agenda Item_6_ From: Paul T. Nagengast, Deputy Town Manager September 8, 2015 Approved by: Kevin Bryant, Town Manager SUBJECT: ADOPTION OF STATE MANDATED LOCAL ORDINANCE

More information

One of the vexing land use issue facing New York municipalities in the last

One of the vexing land use issue facing New York municipalities in the last Cell Towers: Powers and Limitations for Municipalities From Empire State Report, 2003 One of the vexing land use issue facing New York municipalities in the last few years is the scope of municipal zoning

More information

CHAPTER 234 HOUSE BILL 2131 AN ACT AMENDING SECTIONS 12-348, 41-1007 AND 42-2064, ARIZONA REVISED STATUTES; RELATING TO TAX ADJUDICATIONS.

CHAPTER 234 HOUSE BILL 2131 AN ACT AMENDING SECTIONS 12-348, 41-1007 AND 42-2064, ARIZONA REVISED STATUTES; RELATING TO TAX ADJUDICATIONS. Senate Engrossed House Bill State of Arizona House of Representatives Fifty-second Legislature First Regular Session 0 CHAPTER HOUSE BILL AN ACT AMENDING SECTIONS -, -00 AND -0, ARIZONA REVISED STATUTES;

More information

Assembly Bill No. 1296 CHAPTER 641

Assembly Bill No. 1296 CHAPTER 641 Assembly Bill No. 1296 CHAPTER 641 An act to add Part 3.8 (commencing with Section 15925) to Division 9 of the Welfare and Institutions Code, relating to public health. [Approved by Governor October 9,

More information

NC General Statutes - Chapter 66 Article 42 1

NC General Statutes - Chapter 66 Article 42 1 Article 42. State Franchise for Cable Television Service. 66-350. Definitions. The following definitions apply in this Article: (1) Cable service. - Defined in G.S. 105-164.3. (2) Cable system. - Defined

More information

The Siting of Wireless Communications Facilities: An Overview of Federal, State, and Local Law

The Siting of Wireless Communications Facilities: An Overview of Federal, State, and Local Law The Siting of Wireless Communications Facilities: An Overview of Federal, State, and Local Law Kathleen Ann Ruane Legislative Attorney May 21, 2012 CRS Report for Congress Prepared for Members and Committees

More information

Rules and Regulations: A primer on formal rulemaking processes and procedures in Colorado

Rules and Regulations: A primer on formal rulemaking processes and procedures in Colorado Rules and Regulations: A primer on formal rulemaking processes and procedures in Colorado October 2012 George Lyford Page 1 of 9 Rulemaking the formal process of passing, or promulgating regulations is

More information

AGENDA REPORT. Honorable Mayor and Members of City Council John Kuehl, Building Official. Ordinance for small rooftop solar systems

AGENDA REPORT. Honorable Mayor and Members of City Council John Kuehl, Building Official. Ordinance for small rooftop solar systems Agenda No. 11B Page 1 of 2 CITY OF PACIFIC GROVE 300 Forest Avenue, Pacific Grove, California 93950 AGENDA REPORT TO: FROM: MEETING DATE: July 15, 2015 SUBJECT: CEQA: Honorable Mayor and Members of City

More information

CHAPTER 28 MOBILE TOWER, TELEVISION OR RADIO BROADCAST SERVICE FACILITY SITING

CHAPTER 28 MOBILE TOWER, TELEVISION OR RADIO BROADCAST SERVICE FACILITY SITING CHAPTER 28 MOBILE TOWER, TELEVISION OR RADIO BROADCAST SERVICE FACILITY SITING 28.01 Purpose 28.02 Interpretation, Purpose, Applicability, and Severability 28.03 Definitions 28.04 Exempt from Permitting

More information

Authorized By: Holly C. Bakke, Commissioner, Department of Banking and Insurance

Authorized By: Holly C. Bakke, Commissioner, Department of Banking and Insurance INSURANCE DEPARTMENT OF BANKING AND INSURANCE OFFICE OF THE COMMISSIONER Electronic Transactions Proposed New Rules: N.J.A.C. 11:1-47 Proposed Amendments: N.J.A.C. 11:3-15.4, 15.7, and 47.3 Authorized

More information

TOWN OF MONSON CERTIFICATIONS-SPECIAL TOWN MEETING MAY 11, 2015

TOWN OF MONSON CERTIFICATIONS-SPECIAL TOWN MEETING MAY 11, 2015 TOWN OF MONSON CERTIFICATIONS-SPECIAL TOWN MEETING MAY 11, 2015 ARTICLE 8: The Town voted by 2/3 vote to amend its Zoning Bylaws by deleting the current Section 6.14 Wireless Communications Facilities

More information

CITY OF FILLMORE CENTRAL PARK PLAZA 250 Central Avenue Fillmore, California 93015-1907 (805) 524-3701 FAX (805) 524-5707

CITY OF FILLMORE CENTRAL PARK PLAZA 250 Central Avenue Fillmore, California 93015-1907 (805) 524-3701 FAX (805) 524-5707 CITY OF FILLMORE CENTRAL PARK PLAZA 250 Central Avenue Fillmore, California 93015-1907 (805) 524-3701 FAX (805) 524-5707 TO: FROM: Mayor and Council Michael Lapraik, P.E., Building Official DATE: August

More information

FILED November 18, 2014 released at 3:00 p.m. RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA

FILED November 18, 2014 released at 3:00 p.m. RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA September 2014 Term No. 11-1503 FILED November 18, 2014 released at 3:00 p.m. RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA RE: PETITION

More information

ORDINANCE NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HEREBY ORDAIN AS FOLLOWS:

ORDINANCE NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE NO. ADDING SECTION 6-1.34 TO CHAPTER 1, TITLE 6 OF THE HERCULES CITY CODE, WHICH IMPLEMENTS THE PROVISIONS OF THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006, CODIFIED IN CALIFORNIA

More information

SECTION BY SECTION ANALYSIS COMPTETITIVE CABLE AND VIDEO SERVICE ACT

SECTION BY SECTION ANALYSIS COMPTETITIVE CABLE AND VIDEO SERVICE ACT SECTION BY SECTION ANALYSIS COMPTETITIVE CABLE AND VIDEO SERVICE ACT Sections 1-3 These introductory sections explain that the new act will amend the existing cable law (Title 7, Chapter 59), name the

More information

ISBA Professional Conduct Advisory Opinion

ISBA Professional Conduct Advisory Opinion ISBA Professional Conduct Advisory Opinion **** This Advisory Opinion expresses an interpretation of Illinois Rule of Professional Conduct 1.2(d) for the situation in which a lawyer provides services to

More information

Chapter 24 CABLE TELEVISION* Article I. In General. Article II. Board Created. Article III. Operations

Chapter 24 CABLE TELEVISION* Article I. In General. Article II. Board Created. Article III. Operations Chapter 24 CABLE TELEVISION* Article I. In General Sec. 24-1. Establishment and purpose. Sec. 24-2. Definitions. Sec. 24-3. Franchise required. Sec. 24-4. Franchise contract. Sec. 24-5. Public hearing.

More information

TOWN OF VINALHAVEN LAND USE ORDINANCE SECTION 19 WIRELESS TELECOMMUNICATIONS FACILITIES

TOWN OF VINALHAVEN LAND USE ORDINANCE SECTION 19 WIRELESS TELECOMMUNICATIONS FACILITIES TOWN OF VINALHAVEN LAND USE ORDINANCE SECTION 19 WIRELESS TELECOMMUNICATIONS FACILITIES Section 19. Wireless Telecommunications Facilities A. Purposes: The purposes of this section are to provide a process

More information

Subtitle B Increasing Regulatory Enforcement and Remedies

Subtitle B Increasing Regulatory Enforcement and Remedies H. R. 4173 466 activities and evaluates the effectiveness of the Ombudsman during the preceding year. The Investor Advocate shall include the reports required under this section in the reports required

More information

PROJECT NO. 32171 RULEMAKING REGARDING THE PUBLIC UTILITY COMMISSION STATE-ISSUED CERTIFICATE OF FRANCHISE AUTHORITY OF TEXAS

PROJECT NO. 32171 RULEMAKING REGARDING THE PUBLIC UTILITY COMMISSION STATE-ISSUED CERTIFICATE OF FRANCHISE AUTHORITY OF TEXAS PROJECT NO. 32171 RULEMAKING REGARDING THE PUBLIC UTILITY COMMISSION STATE-ISSUED CERTIFICATE OF FRANCHISE AUTHORITY OF TEXAS ORDER ADOPTING NEW CHAPTER 28 AND 28.6 AS APPROVED AT THE MAY 10, 2006 OPEN

More information

Public Information Program

Public Information Program Public Information Program Public Records Policy Purpose This policy is adopted pursuant to the Government Records Access and Management Act Utah Code Ann. 63G-2-701 ( GRAMA ) and applies to District records

More information

Commercial Mobile Radio Service Facilities (CMRS) For Cellular Phone Service Providers

Commercial Mobile Radio Service Facilities (CMRS) For Cellular Phone Service Providers Commercial Mobile Radio Service Facilities (CMRS) For Cellular Phone Service Providers Section 1200, Article 12, Chapter 146, Aurora Municipal Code (Includes up to Ordinance 2004-17, effective 05-03-04)

More information

MODEL ORDINANCE FOR WIND ENERGY FACILITIES IN PENNSYLVANIA. This Ordinance shall be known as the Wind Energy Facility Ordinance for [municipality].

MODEL ORDINANCE FOR WIND ENERGY FACILITIES IN PENNSYLVANIA. This Ordinance shall be known as the Wind Energy Facility Ordinance for [municipality]. MODEL ORDINANCE FOR WIND ENERGY FACILITIES IN PENNSYLVANIA 3/21/06 1. TITLE This Ordinance shall be known as the Wind Energy Facility Ordinance for [municipality]. 2. PURPOSE The purpose of the Ordinance

More information

Senate Bill 1149 Summary -- Prohibit Predatory Lending

Senate Bill 1149 Summary -- Prohibit Predatory Lending MEMORANDUM TO: FROM: Hal D. Lingerfelt Commissioner of Banks L. McNeil Chestnut Assistant Attorney General DATE: August 25, 1999 RE: Senate Bill 1149 Summary -- Prohibit Predatory Lending I. Background

More information

WIRELESS TELECOMMUNICATIONS FACILITIES ORDINANCE

WIRELESS TELECOMMUNICATIONS FACILITIES ORDINANCE WIRELESS TELECOMMUNICATIONS FACILITIES ORDINANCE CONTENTS Section 1 Title ---------------------------------------------------------------------------------------- 1 Section 2 Authority -----------------------------------------------------------------------------------

More information

Home Model Legislation Telecommunications and Information. Cable and Video Competition Act

Home Model Legislation Telecommunications and Information. Cable and Video Competition Act Search GO LOGIN LOGOUT HOME JOIN ALEC CONTACT ABOUT MEMBERS EVENTS & MEETINGS MODEL LEGISLATION TASK FORCES ALEC INITIATIVES PUBLICATIONS NEWS Model Legislation Civil Justice Commerce, Insurance, and Economic

More information

Sub. H.B. 9 * 126th General Assembly (As Reported by H. Civil and Commercial Law)

Sub. H.B. 9 * 126th General Assembly (As Reported by H. Civil and Commercial Law) Aida S. Montano Bill Analysis Legislative Service Commission Sub. H.B. 9 * 126th General Assembly (As Reported by H. Civil and Commercial Law) Reps. Oelslager, Flowers, Buehrer, White, Trakas BILL SUMMARY

More information

Digital Surveillance: The Communications Assistance for Law Enforcement Act

Digital Surveillance: The Communications Assistance for Law Enforcement Act Order Code RL30677 Digital Surveillance: The Communications Assistance for Law Enforcement Act Updated June 8, 2007 Patricia Moloney Figliola Specialist in Telecommunications and Internet Policy Resources,

More information

Draft Model Social Infrastructure PPP Bill

Draft Model Social Infrastructure PPP Bill Draft Model Social Infrastructure PPP Bill RELATING TO PUBLIC-PRIVATE AGREEMENTS FOR PUBLIC BUILDINGS BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF [add state name]: SECTION. The Legislature makes the

More information

Cell Tower Zoning and Placement: Navigating Recent FCC Changes

Cell Tower Zoning and Placement: Navigating Recent FCC Changes Cell Tower Zoning and Placement: Navigating Recent FCC Changes Tillman L. Lay Jessica R. Bell Frances J. Wade Spiegel & McDiarmid LLP 1875 Eye Street, NW, Suite 700 Washington, DC 20006 (202) 879-4000

More information

CABLE TELEVISION FRANCHISE

CABLE TELEVISION FRANCHISE CABLE TELEVISION FRANCHISE Chapter 71 From the CODE of the TOWN OF WINDHAM [Amended Through June 28, 1994] COUNTY OF CUMBERLAND STATE OF MAINE Chapter 71 1 Table of Contents CABLE TELEVISION FRANCHISE

More information

FirstCarolinaCare Insurance Company Business Associate Agreement

FirstCarolinaCare Insurance Company Business Associate Agreement FirstCarolinaCare Insurance Company Business Associate Agreement THIS BUSINESS ASSOCIATE AGREEMENT ("Agreement"), is made and entered into as of, 20 (the "Effective Date") between FirstCarolinaCare Insurance

More information

Cable Franchise Assignments and Transfers

Cable Franchise Assignments and Transfers Cable Franchise Assignments and Transfers by John W. Pestle Prepared for Texas Association of Telecommunications Officers and Advisors Updated Copyright 2010, Varnum LLP Varnum Law Firm One of Michigan

More information

AN ACT PUBLIC UTILITIES. Public Utilities Ch. 75

AN ACT PUBLIC UTILITIES. Public Utilities Ch. 75 Public Utilities Ch. 75 CHAPTER 75 PUBLIC UTILITIES SENATE BILL 96-010 BY SENATOR Feeley; also REPRESENTATIVES Foster, Armstrong, Paschall, and Prinster. AN ACT CONCERNING LIMITATIONS ON THE POWERS OF

More information

Municipal Ordinances and Reviews for Wireless Communication Towers

Municipal Ordinances and Reviews for Wireless Communication Towers Municipal Ordinances and Reviews for Wireless Communication Towers by Dale W. Callahan, Ph.D., P.E. Lea B. Callahan, P.E. 1. The Issues There has been a tremendous growth in the number of telecommunications

More information

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013 SESSION LAW 2013-27 HOUSE BILL 139

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013 SESSION LAW 2013-27 HOUSE BILL 139 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013 SESSION LAW 2013-27 HOUSE BILL 139 AN ACT TO ADOPT THE UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT. The General Assembly of North Carolina enacts:

More information

PENNSYLVANIA SUNSHINE ACT 65 Pa.C.S.A. 701. This chapter shall be known and may be cited as the Sunshine Act.

PENNSYLVANIA SUNSHINE ACT 65 Pa.C.S.A. 701. This chapter shall be known and may be cited as the Sunshine Act. PENNSYLVANIA SUNSHINE ACT 65 Pa.C.S.A. 701 701. Short title of chapter This chapter shall be known and may be cited as the Sunshine Act. 702. Legislative findings and declaration (a) Findings.--The General

More information

Council Policy for New Telecommunication Facilities

Council Policy for New Telecommunication Facilities Council Policy for New Telecommunication Facilities 1. Purpose To establish policies and procedures for the installation of new telecommunication antennas, towers and related structures which emphasize

More information

ORDINANCE NO. 15- THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS:

ORDINANCE NO. 15- THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE NO. 15- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ADDING CHAPTER X OF TITLE 5 OF THE COSTA MESA MUNICIPAL CODE RELATING TO PERMITTING PROCEDURES FOR SMALL RESIDENTIAL SOLAR ENERGY

More information

CITY OF ST. HELENA PLANNING DEPARTMENT 1480 MAIN STREET- ST. HELENA, CA 94574 PLANNING COMMISSION SEPTEMBER 15, 2015

CITY OF ST. HELENA PLANNING DEPARTMENT 1480 MAIN STREET- ST. HELENA, CA 94574 PLANNING COMMISSION SEPTEMBER 15, 2015 CITY OF ST. HELENA PLANNING DEPARTMENT 1480 MAIN STREET- ST. HELENA, CA 94574 PLANNING COMMISSION AGENDA ITEM: 11 SEPTEMBER 15, 2015 To: From: City of St Helena Planning Commission Aaron Hecock, Senior

More information

ARTICLE STATE GOVERNMENT

ARTICLE STATE GOVERNMENT ARTICLE STATE GOVERNMENT TITLE 10. GOVERNMENTAL PROCEDURES SUBTITLE 5. MEETINGS 10-501. Public policy. (a) It is essential to the maintenance of a democratic society that, except in special and appropriate

More information

NEW JERSEY ADMINISTRATIVE CODE Copyright 2013 by the New Jersey Office of Administrative Law

NEW JERSEY ADMINISTRATIVE CODE Copyright 2013 by the New Jersey Office of Administrative Law 5:23A-1.1 Title; authority; scope; intent (a) This chapter, which is promulgated under authority of N.J.S.A. 52:27D-124, 52:17D-198, 40A:14A-43, 40A:14B-76 and 40:55D-53.2a, shall be known as, and may

More information

Money Maker or Tower of Terror? The Benefits (and Burdens) of Cellular Tower Leases

Money Maker or Tower of Terror? The Benefits (and Burdens) of Cellular Tower Leases Money Maker or Tower of Terror? The Benefits (and Burdens) of Cellular Tower Leases Presented by Peter Martin Knutson, Flynn & Deans, P.A. Why Do School Districts Consider Tower Leases? Convert unused

More information

Workers Compensation Mandatory Attorney Fees

Workers Compensation Mandatory Attorney Fees STATE OF NEW JERSEY NEW JERSEY LAW REVISION COMMISSION Draft Tentative Report Relating to November 7, 2011 This draft tentative report is distributed to advise interested persons of the Commission's tentative

More information

Billing Code 4210-67 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 24 CFR Parts 3280 and 3282. [Docket No. FR-5877-P-01] RIN 2502-AJ33

Billing Code 4210-67 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 24 CFR Parts 3280 and 3282. [Docket No. FR-5877-P-01] RIN 2502-AJ33 This document is scheduled to be published in the Federal Register on 02/09/2016 and available online at http://federalregister.gov/a/2016-02387, and on FDsys.gov Billing Code 4210-67 DEPARTMENT OF HOUSING

More information

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 H 1 HOUSE BILL 255. Short Title: Building Code Reg. Reform. (Public)

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 H 1 HOUSE BILL 255. Short Title: Building Code Reg. Reform. (Public) GENERAL ASSEMBLY OF NORTH CAROLINA SESSION H 1 HOUSE BILL Short Title: Building Code Reg. Reform. (Public) Sponsors: Referred to: Representatives Brody, Riddell, Cotham, and Watford (Primary Sponsors).

More information

NC General Statutes - Chapter 108A Article 4 1

NC General Statutes - Chapter 108A Article 4 1 Article 4. Public Assistance and Social Services Appeals and Access to Records. 108A-79. Appeals. (a) A public assistance applicant or recipient shall have a right to appeal the decision of the county

More information

Municipal Lobbying Ordinance

Municipal Lobbying Ordinance Municipal Lobbying Ordinance Los Angeles Municipal Code Section 48.01 et seq. Prepared by City Ethics Commission CEC Los Angeles 00 North Spring Street, 4 th Floor Los Angeles, CA 9001 (13) 978-1960 TTY

More information

BEFORE THE FEDERAL COMMUNICATIONS COMMISSION. Washington, D.C. 20554

BEFORE THE FEDERAL COMMUNICATIONS COMMISSION. Washington, D.C. 20554 BEFORE THE FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of THE PROVISION OF TELECOMMUNICATIONS SERVICE VIA "CABLE INTERNET" UNITED STATES INTERNET INDUSTRY ASSOCIATION ("USIIA"),

More information

SITE LEASE AGREEMENT

SITE LEASE AGREEMENT Sample Site Lease Agreement for Antenna on Water tower SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT ( Lease ), made this day of, year, between City of ("Landlord"), and organization and existing under

More information

Borough of Glassboro, New Jersey May 2010. Redevelopment Plan for Rehabilitation In the Borough of Glassboro May 2010

Borough of Glassboro, New Jersey May 2010. Redevelopment Plan for Rehabilitation In the Borough of Glassboro May 2010 Borough of Glassboro, New Jersey May 2010 Redevelopment Plan for Rehabilitation In the Borough of Glassboro May 2010 Table of Contents Page Number I. Introduction 3 II. Designation of Area and Plan Development

More information

8.25.010 Title. This chapter shall be known as the alarm system control ordinance and shall be so cited and pleaded. [Ord. 1288 1, 2009.

8.25.010 Title. This chapter shall be known as the alarm system control ordinance and shall be so cited and pleaded. [Ord. 1288 1, 2009. Chapter 8.25 ALARMS Effective August 1, 2013 8.25.010 Title. This chapter shall be known as the alarm system control ordinance and shall be so cited and pleaded. [Ord. 1288 1, 2009.] 8.25.020 Purpose.

More information

The University of Texas System System Administration Internal Policy

The University of Texas System System Administration Internal Policy 1. Title Approval, Development, Delivery, and Maintenance of Mandatory Online Training Courses for System Administration Employees 2. Policy Sec. 1 Sec. 2 Sec. 3 Sec. 4 Purpose. The purpose of this Policy

More information

AN ACT RELATING TO SPECIAL DISTRICTS; ENACTING THE INFRASTRUCTURE DEVELOPMENT ZONE ACT; PROVIDING FOR THE CREATION OF

AN ACT RELATING TO SPECIAL DISTRICTS; ENACTING THE INFRASTRUCTURE DEVELOPMENT ZONE ACT; PROVIDING FOR THE CREATION OF AN ACT RELATING TO SPECIAL DISTRICTS; ENACTING THE INFRASTRUCTURE DEVELOPMENT ZONE ACT; PROVIDING FOR THE CREATION OF INFRASTRUCTURE DEVELOPMENT ZONES AND ELECTED BOARDS; PROVIDING POWERS AND DUTIES; AUTHORIZING

More information

Infrastructure Provisions of the Middle Class Tax Relief and Job Creation Act of 2012 P.L. 112-96

Infrastructure Provisions of the Middle Class Tax Relief and Job Creation Act of 2012 P.L. 112-96 Infrastructure Provisions of the Middle Class Tax Relief and Job Creation Act of 2012 P.L. 112-96 SEC. 6206. POWERS, DUTIES, AND RESPONSIBILITIES OF THE FIRST RESPONDER NETWORK AUTHORITY. (a) GENERAL POWERS.--The

More information

SUBCHAPTER A. General Rules for Medical Billing and Processing 133.1-133.3. SUBCHAPTER B. Health Care Provider Billing Procedures 133.10 and 133.

SUBCHAPTER A. General Rules for Medical Billing and Processing 133.1-133.3. SUBCHAPTER B. Health Care Provider Billing Procedures 133.10 and 133. Page 1 of 79 Pages DWC-06-0024 SUBCHAPTER A. General Rules for Medical Billing and Processing 133.1-133.3 SUBCHAPTER B. Health Care Provider Billing Procedures 133.10 and 133.20 SUBCHAPTER C. Medical Bill

More information

CITY DEVELOPMENT BOARD[263]

CITY DEVELOPMENT BOARD[263] IAC 8/10/11 City Development[263] Analysis, p.1 CITY DEVELOPMENT BOARD[263] [Chapters 1 and 2, IAC 7/27/77, superseded by Chapters 1 to 4, effective 4/12/78] [Prior to 1/9/91, City Development Board[220]]

More information

CITY OF BEATRICE, NEBRASKA ECONOMIC DEVELOPMENT PROGRAM (LB840)

CITY OF BEATRICE, NEBRASKA ECONOMIC DEVELOPMENT PROGRAM (LB840) CITY OF BEATRICE, NEBRASKA ECONOMIC DEVELOPMENT PROGRAM (LB840) Effective April 1, 2013 March 31, 2023 TABLE OF CONTENTS NEED AND PURPOSE 1 SECTION I. GENERAL COMMUNITY AND ECONOMIC DEVELOPMENT STRATEGY

More information

VILLAGE OF NORTH BRANCH CABLE TELEVISION ORDINANCE ORDINANCE NUMBER 33 THE VILLAGE OF NORTH BRANCH ORDAINS: Section 1. That the Village hereby adopts

VILLAGE OF NORTH BRANCH CABLE TELEVISION ORDINANCE ORDINANCE NUMBER 33 THE VILLAGE OF NORTH BRANCH ORDAINS: Section 1. That the Village hereby adopts VILLAGE OF NORTH BRANCH CABLE TELEVISION ORDINANCE ORDINANCE NUMBER 33 THE VILLAGE OF NORTH BRANCH ORDAINS: Section 1. That Village hereby adopts this Ordinance whereby it will regulate basic cable service

More information

CLASS ACTION FAIRNESS ACT OF 2005

CLASS ACTION FAIRNESS ACT OF 2005 PUBLIC LAW 109 2 FEB. 18, 2005 CLASS ACTION FAIRNESS ACT OF 2005 VerDate 14-DEC-2004 04:23 Mar 05, 2005 Jkt 039139 PO 00002 Frm 00001 Fmt 6579 Sfmt 6579 E:\PUBLAW\PUBL002.109 BILLW PsN: PUBL002 119 STAT.

More information

Solar Siting in New Jersey

Solar Siting in New Jersey Solar Siting in New Jersey Background Document Sustainable Jersey 7/1/2012 This document is intended to frame the issues around siting of large commercial solar siting as a prelude to developing best practices

More information

S T A T E O F T E N N E S S E E OFFICE OF THE ATTORNEY GENERAL PO BOX 20207 NASHVILLE, TENNESSEE 37202. December 19, 2006. Opinion No.

S T A T E O F T E N N E S S E E OFFICE OF THE ATTORNEY GENERAL PO BOX 20207 NASHVILLE, TENNESSEE 37202. December 19, 2006. Opinion No. S T A T E O F T E N N E S S E E OFFICE OF THE ATTORNEY GENERAL PO BOX 20207 NASHVILLE, TENNESSEE 37202 December 19, 2006 Opinion No. 06-177 State Tax Relief Program and Exemption from Storm Water User

More information

Presidential Documents

Presidential Documents Federal Register Vol. 58, No. 190 Presidential Documents Monday, October 4, 1993 Title 3 The President Executive Order 12866 of September 30, 1993 Regulatory Planning and Review The American people deserve

More information

How To Write New Rules For Auto Insurance In New Jersey

How To Write New Rules For Auto Insurance In New Jersey INSURANCE DEPARTMENT OF BANKING AND INSURANCE DIVISION OF INSURANCE Insurance Scenarios Proposed New Rules: N.J.A.C. 11:3-47 Authority: N.J.S.A. 17:1-8.1, 17:1-15e, and 17:29A-52 Calendar Reference: See

More information

ORDINANCE NO. 2015-413

ORDINANCE NO. 2015-413 ORDINANCE NO. 2015-413 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS ADDING CHAPTER 12.70 TO TITLE 12 IN THE MUNICIPAL CODE TO STREAMLINE THE PERMITTING PROCESS FOR RESIDENTIAL SOLAR ENERGY

More information

NC General Statutes - Chapter 160A Article 16A 1

NC General Statutes - Chapter 160A Article 16A 1 Article 16A. Provision of Communications Service by Cities. 160A-340. Definitions. The following definitions apply in this Article: (1) City-owned communications service provider. A city that provides

More information

SENATE BILL No. 625 AMENDED IN SENATE APRIL 4, 2013. Introduced by Senator Beall. February 22, 2013

SENATE BILL No. 625 AMENDED IN SENATE APRIL 4, 2013. Introduced by Senator Beall. February 22, 2013 AMENDED IN SENATE APRIL 4, 2013 SENATE BILL No. 625 Introduced by Senator Beall February 22, 2013 An act to amend Section 10601.2 of of, and to add Section 16521.6 to, the Welfare and Institutions Code,

More information

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 REPLY TO OPPOSITIONS TO PETITION FOR RECONSIDERATION

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 REPLY TO OPPOSITIONS TO PETITION FOR RECONSIDERATION Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Implementation of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as amended by the Cable Television

More information

SAN FRANCISCO AMENDS BUSINESS TAX ORDINANCE BOARD OF REVIEW ELIMINATED, STATUTE OF LIMITATIONS FOR REFUNDS INCREASED AND MUCH MORE. Tax March 26, 2004

SAN FRANCISCO AMENDS BUSINESS TAX ORDINANCE BOARD OF REVIEW ELIMINATED, STATUTE OF LIMITATIONS FOR REFUNDS INCREASED AND MUCH MORE. Tax March 26, 2004 SAN FRANCISCO AMENDS BUSINESS TAX ORDINANCE BOARD OF REVIEW ELIMINATED, STATUTE OF LIMITATIONS FOR REFUNDS INCREASED AND MUCH MORE Tax On February 19, 2004, San Francisco Mayor Gavin Newsom approved recent

More information

CITY OF MINNEAPOLIS CITY COUNCIL WAYS AND MEANS COMMITTEE

CITY OF MINNEAPOLIS CITY COUNCIL WAYS AND MEANS COMMITTEE CITY OF MINNEAPOLIS CITY COUNCIL WAYS AND MEANS COMMITTEE In Re: CenturyLink Cable Franchise Application FINDINGS OF FACT AND RECOMMENDATION Following the submission of an application for a cable television

More information

Citizen Planners Training Collaborative Zoning for Solar & Update on Solar Industry 3/16/2013

Citizen Planners Training Collaborative Zoning for Solar & Update on Solar Industry 3/16/2013 Citizen Planners Training Collaborative Zoning for Solar & Update on Solar Industry 3/16/2013 Kurt Gaertner MA Executive Office of Energy & Environmental Affairs Kurt.Gaertner@state.ma.us (617) 626-1154

More information

KANSAS CORPORATION COMMISSION IP-to-IP Interconnection Report

KANSAS CORPORATION COMMISSION IP-to-IP Interconnection Report KANSAS CORPORATION COMMISSION IP-to-IP Interconnection Report 2014 REPORT ON IP- TO- IP INTERCONNECTION A Summary of Status of the FCC s Internet Protocol- to- Internet Protocol Interconnection Proceeding

More information

THE COMPETITIVE CABLE AND VIDEO SERVICES ACT: Increasing Competition and Diminishing Local Authority

THE COMPETITIVE CABLE AND VIDEO SERVICES ACT: Increasing Competition and Diminishing Local Authority THE COMPETITIVE CABLE AND VIDEO SERVICES ACT: Increasing Competition and Diminishing Local Authority by Melissa A. Ashburn, Legal Consultant August 2008 Municipal Technical Advisory Service In cooperation

More information

Securities Whistleblower Incentives and Protection

Securities Whistleblower Incentives and Protection Securities Whistleblower Incentives and Protection 15 USC 78u-6 (As added by P.L. 111-203.) 15 USC 78u-6 78u-6. Securities whistleblower incentives and protection (a) Definitions. In this section the following

More information

CABLE TELEVISION LICENSE RENEWAL PROCESS

CABLE TELEVISION LICENSE RENEWAL PROCESS CABLE TELEVISION LICENSE RENEWAL PROCESS A PRACTICAL GUIDE Updated March 2015 Prepared by the Massachusetts Department of Telecommunications and Cable 1000 Washington Street, Suite 820 Boston, MA 02118-6500

More information

PART II - CODE OF ORDINANCES Chapter 50 - TELECOMMUNICATIONS ARTICLE II. CABLE TELEVISION

PART II - CODE OF ORDINANCES Chapter 50 - TELECOMMUNICATIONS ARTICLE II. CABLE TELEVISION Sec. 50-19. Purpose and scope of article. Sec. 50-20. Definitions. Sec. 50-21. Cable television advisory board. Sec. 50-22. Franchise Required. Sec. 50-23. Same Granting of application; revocation of.

More information

North Carolina General Statutes Annotated _Chapter 150B. Administrative Procedure Act (Refs & Annos)_Article 1. General Provisions N.C.G.S.A.

North Carolina General Statutes Annotated _Chapter 150B. Administrative Procedure Act (Refs & Annos)_Article 1. General Provisions N.C.G.S.A. N.C.G.S.A. 150B-1 150B-1. Policy and scope Effective: July 26, 2013 (a) Purpose.--This Chapter establishes a uniform system of administrative rule making and adjudicatory procedures for agencies. The procedures

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION COMPLAINT FOR DECLARATORY JUDGMENT I.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION COMPLAINT FOR DECLARATORY JUDGMENT I. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION JANICE LEE, ) ) Case No. Plaintiff, ) ) vs. ) ) BETHESDA HOSPITAL, INC. ) ) Defendant. ) ) COMPLAINT FOR DECLARATORY JUDGMENT

More information

BEFORE THE HEARING OFFICER OF THE TAXATION AND REVENUE DEPARTMENT OF THE STATE OF NEW MEXICO

BEFORE THE HEARING OFFICER OF THE TAXATION AND REVENUE DEPARTMENT OF THE STATE OF NEW MEXICO BEFORE THE HEARING OFFICER OF THE TAXATION AND REVENUE DEPARTMENT OF THE STATE OF NEW MEXICO IN THE MATTER OF THE PROTEST OF PITTSBURGH & MIDWAY COAL MINING COMPANY, I.D. NO. 01-765016-00, PROTEST TO DENIAL

More information

Chapter 18 Municipal Cable Television and Public Telecommunications Services Act. Part 1 General Provisions

Chapter 18 Municipal Cable Television and Public Telecommunications Services Act. Part 1 General Provisions Chapter 18 Municipal Cable Television and Public Telecommunications Services Act Part 1 General Provisions 10-18-101 Title -- Policy statement. (1) This chapter is known as the "Municipal Cable Television

More information

Much Ado About Kelo: Eminent Domain and Farmland Protection

Much Ado About Kelo: Eminent Domain and Farmland Protection Much Ado About Kelo: Eminent Domain and Farmland Protection December 2005 In the case of Kelo v. the City of New London, the Supreme Court ruled that the Connecticut city could acquire land by eminent

More information

RESOLUTION AND ACCOUNTING ORDER

RESOLUTION AND ACCOUNTING ORDER RESOLUTION AND ACCOUNTING ORDER WHEREAS, the Township of Bear Creek is certified by the Federal Communications Commission ('FCC') to regulate the rates of ('TCI Cablevision'); and WHEREAS, the Township

More information

Local Rules 2084-1 through 2084-26 govern chapter 13 practice in cases filed after October 16, 2005.

Local Rules 2084-1 through 2084-26 govern chapter 13 practice in cases filed after October 16, 2005. RULE 2084-1. SCOPE CHAPTER 13 RULES Local Rules 2084-1 through 2084-26 govern chapter 13 practice in cases filed after October 16, 2005. RULE 2084-2. FILING REQUIREMENTS (a) Application to Pay Fee in Installments.

More information

MEMORANDUM THE FCC S 2015 OPEN INTERNET ORDER AND IMPLICATIONS FOR BROADBAND INTERNET ACCESS SERVICE PROVIDERS SAMPLE

MEMORANDUM THE FCC S 2015 OPEN INTERNET ORDER AND IMPLICATIONS FOR BROADBAND INTERNET ACCESS SERVICE PROVIDERS SAMPLE MEMORANDUM THE FCC S 2015 OPEN INTERNET ORDER AND IMPLICATIONS FOR BROADBAND INTERNET ACCESS SERVICE PROVIDERS Introduction On March 12, 2015, the Federal Communications Commission ( FCC or Commission

More information