Tag: preemption

Navigating Preemption during COVID: Four Steps Cities Can Take to Increase Affordable Housing

Since March, the landscape of housing stability has changed drastically for many residents because of the novel coronavirus. More than 44 million residents have filed for unemployment, 20 million residents are still out of work, 20 million renters are at risk of evictions, and the nation has entered into an economic recession. Inequities in housing,

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State, Local and Federal Partnership: An Essential Tool in Addressing COVID-19

The COVID-19 pandemic has demanded an “all-hands-on-deck” response from all levels of our nation’s governance structure. Mayors, council members, city and county health officials, governors, as well as the Administration and Congress, are all working to ensure that response and recovery efforts are “locally executed, state managed, and federally supported.” In communities large and small,

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Ninth Circuit Hears from Local Governments on FCC Small Cell Preemption

Local governments continue to combat federal telecommunications preemption on behalf of their communities and residents. A panel of judges in the Ninth Circuit Court heard oral argument for a legal challenge mounted by local governments to 2018 orders by the Federal Communications Commission (FCC) limiting local authority over wireless equipment in public rights-of-way. The hearing

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Three Strategies to Restore City Rights in an Era of Preemption

From negatively impacting zoning and tax laws, to making it impossible for local governments to raise the minimum wage or mandate sick leave, state interference — or preemption — can have dire consequences for our communities. The evolution of preemption—from a pragmatic tool to resolve conflicts in law to a weapon used to limit local

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FCC Cable Order – What Comes Next for Cities?

Nearly two months after a final order from the Federal Communications Commission upending the cable franchise system went into effect, cities remain uncertain about the future of their franchises. After the order was finalized, NLC joined more than forty municipalities and local government organizations in a legal alliance to challenge the order. NLC also joined

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NLC, Local Allies Oppose Wireless Petitions Before FCC

NLC is continuing the fight against telecom preemption. We have joined a number of local governments and municipal organizations throughout the country in opposition to recent proposals from the Wireless Industry Association (WIA) and the Communications Technology Industry Association (CTIA). These proposals aim to further limit local oversight of wireless towers and pole attachments. The

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Net Neutrality Gives Cities Some Flexibility

You may have seen headlines that a federal court handed a partial victory to advocates for net neutrality recently. But what exactly did the court do, and what does that mean for cities? Net neutrality requires internet service providers to treat all Internet communications the same and not block, speed up or slow down any

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How Preemption is Expanding and Changing in 2019

During the 2019 legislative sessions, state lawmakers again passed preemption laws limiting local power, including authority over minimum wage, regulation of e-cigarettes and local contracting powers. This, according to a new report from the Local Solutions Support Center and State Innovation Exchange entitled “The Growing Shadow of State Interference,” highlights the work of 2019 state

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What Do Local Leaders Need to Know about the FCC Cable Order?

On August 1, the Federal Communications Commission (FCC) voted 3-2 to approve a report and order that will make dramatic changes to cable franchises managed by state and local governments. The order, which will go into effect 30 days after it is published in the Federal Register, has two major components that will impact local

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Does Your City Have Access to Inclusionary Housing?

Local Tools to Address Housing Affordability: A State-by-State Analysisis the fifth annual report produced in partnership with the 49-state municipal leagues. This post is part of a series highlighting findings from this new report.t The United States is in the midst of a housing crisis — there are not enough homes available for residents across

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