August 01, 2023 | New Jersey Law Journal
Third Circuit Redefines 'Effective Prohibition' in Wireless Communications DisputesWith respect to the "effective prohibition" standard, the court held that Verizon had proven that there was a "significant gap" in its coverage, and that the proposed monopole would fill that gap.
By Edward W. Purcell
9 minute read
July 07, 2022 | New Jersey Law Journal
Rules of the Road: Siting of Small Wireless Facilities in the Public Rights-of-WayTwo recently decided cases shed light on FCC regulations and provide a summary of the new rules of the road in this area of law.
By Gregory D. Meese and Edward W. Purcell
9 minute read
June 23, 2021 | New Jersey Law Journal
Should Land Use Boards Meet in Person, or Continue to Hold Virtual Hearings?Two attorneys offer arguments for and against returning to in-person hearings once the COVID-19 emergency is over.
By Edward W. Purcell and Dennis M. Galvin
9 minute read
June 16, 2021 | New Jersey Law Journal
The Great Unwinding: Land Use and the End of the COVID-19 Health EmergencyThe first step toward getting back to "normal" is unwinding the layers of executive orders, rules, and statutes adopted during the last 16 months in response to the COVID-19 pandemic.
By Edward W. Purcell
6 minute read
January 07, 2021 | New Jersey Law Journal
Wireless Antenna Facility Modifications: Part II, Recent FCC ActionsThis is the second article in a two-part discussion of recent actions by the Federal Communications Commission. It provides an overview of two more recent FCC Orders that clarify the law regarding the 2014 Order and Section 6409(a) of the 2012 Middle Class Tax Relief and Job Creation Act.
By Gregory D. Meese and Edward W. Purcell
11 minute read
December 30, 2020 | New Jersey Law Journal
Wireless Antenna Facility Modifications: Part I, Vexing IssuesThis two-part article will describe recent FCC actions to promote wireless technology deployment. This first article will provide an overview of Section 6409(a) of the 2012 Middle Class Tax Relief and Job Creation Act, and some of the trouling issues that have come to the fore.
By Gregory D. Meese and Edward W. Purcell
9 minute read
July 23, 2020 | New Jersey Law Journal
Permit Extension Act of 2020: What You Need to KnowOn July 1, 2020, Governor Murphy signed the Permit Extension Act of 2020, P.L. 2020, c.53 ("Chapter 53") into law. The legislature crafted Chapter 53 as a policy response to the economic malaise caused by the COVID-19 crisis.
By Edward W. Purcell
7 minute read
April 21, 2020 | New Jersey Law Journal
Virtual Land Use Board Hearings: A Recipe for Litigation?The COVID-19 crisis is forcing land use boards to grapple with the requirements of holding public meetings at which the public cannot be physically present. While some boards will proceed down this route, the myriad of legal issues involved with virtual hearings should give developers pause.
By Edward W. Purcell
10 minute read
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