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Posted on: February 14, 2017

Mobilitie’s applications to place poles in ROW

Poles in ROW

Here is the introduction to Attorney Gallucci's memo: 

"Last April we provided a memorandum addressing certain questions regarding the authority of municipalities to regulate the placement of mobile service support structures in local ROW. That issue arose after many League members were contacted by Wisconsin Technology Networking, LLC (“WITN”) requesting permits to place 75-foot poles and/or 125-foot monopoles in local ROW. Since that memorandum, we have learned much more about who WITN is and what the company’s business model appears to be. Moreover, while we have a better idea of what sort of regulatory and practical issues are posed by the placement of these very large poles in local ROW, there are still open legal questions, not the least of which is whether WITN is, as it has claimed, a public utility to be treated just as any other public utility in the ROW. This memorandum is intended to update the April 2016 memorandum and to explain the open legal questions." 

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