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FMG Law Blog Line

Archive for October, 2010

Apportionment – Liability Based on Fault, Not Pocket Size

Posted on: October 1st, 2010

By Will Tate

Apportionment of damages is the distribution of a percentage of the judgment, as determined by a jury, to each party responsible for the injury to the plaintiff.  See O.C.G.A. § 51-12-33.  The party receiving the allocated damages is then individually responsible for paying his or her portion of the judgment.  (more…)

The Aftermath of the FCC’s Declaratory TCA Ruling

Posted on: October 1st, 2010

By Dana Maine

If you have reason to care, you already know by now about the “shot clock” ruling from the Federal Communications Commission from November 2009 (2009 WL 3868811).  Enough time has passed to be able to comment about the next chapter in this saga.  Briefly, the “shot clock” portion of the declaratory ruling states that the “reasonable” time limit for processing and ruling on an application for a wireless facility siting in Section 332(c)(7) to theTelecommunications Act (“TCA”) is 90 days for collocations and 150 days for other wireless facility siting applications.  This time limit is tolled as long as the local government gives the applicant notice within 30 days that the application is incomplete.  Once the applicant provides the requested information, the clock starts again from when it was stopped.  By now, most jurisdictions probably have reviewed and amended their ordinances as needed, but issues of application might have surfaced. (more…)