Cell Tower Zoning: Overview and Current Issues

CD & Manual
  389398TMX $219.00 USD Add to Cart
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 97 Min. Audio MP3 - No shipping cost
   389398POD $219.00 USD Add to Cart
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What is a Podcast?

Benefits

This live audio conference will describe the major elements and issues under the 1996 Federal cell tower zoning statute, including the FCC's 2009 shot clock rule setting 90/150 day deadlines to act on zoning applications, the pending FCC Notice of Inquiry on cell tower zoning, the major federal zoning cases involving cellular towers and practice pointers on how municipalities can successfully handle cell tower zoning cases. You will gain a useful understanding regarding wireless communications technology for nontechnical staff, including overview discussions of cellular, PCS, DAS and WiMAX provided by wireless carriers. This live audio conference will also provide specific methods to deal with RF safety considerations. You will come away with knowledge of the major current issues and practical advice on how to handle and defend cellular tower zoning applications.

Learning Objectives

  • You will be able to identify the basics of wireless technology for municipalities and municipal attorneys.
  • You will be able to discuss practice pointers for municipalities, providers and their attorneys on complying with the Federal statute and FCC orders.
  • You will be able to review the FCC shot clock order and its practical implications for municipalities and providers.
  • You will be able to define the current federal law and issues on cellular tower zoning.

Agenda

Overview of Federal Law on Cell Tower Zoning, Current Proposed Changes, 1996 Federal Law Changes
Current Federal Law and Issues on Cellular Tower Zoning
  • Which Statute Applies?
  • Providers Major Claims
  • Substantial Evidence Standard of Review
  • Aesthetics, Effects on Property Values and Other Allowable Factors
  • Consideration of Alternate Sites and Ways of Serving the Area
  • What Is a Gap in Coverage or Prohibition of Service?
  • The Requirement for a Written Decision and a Written Record
  • Exclusion of Health Concerns and RF Emissions From the Proceeding
Remedies the Bigger Risk for Municipalities
  • Remedy of Injunction Allowing Tower to Be Built as Proposed; Remand for Further Proceedings; U.S. Supreme Court Ruling
FCC 2009 'Shot Clock' Order on Cell Tower Zoning
  • Impact of the 5th Circuit's Decision Upholding the Order
  • Update on Court Challenge to Order
  • 150 Days to Decide on Zoning Applications for New Towers; 90 Days for Additional Antennas on Existing Towers
  • Applicability to Incomplete Applications, Requests for Additional Information
  • Applicability of Time Limits to Administrative Appeals
  • Overturn Court Decisions That There Is No Gap in Service If Any Provider Provides Service in Area
FCC 2011 Notice of Inquiry on Cellular Zoning Matters
No Federal Cell Tower Backup Power Requirement
Practice Pointers for Municipalities and Municipal Attorneys
  • Compliance With State Zoning Rules
  • Review of Coverage Maps and Quality of Service
  • Record of Case vs. Written Decision
  • Exclude Comments on Radio Frequency Emissions and Their Health Effects
  • Good Ways to Comply With the Written Decision Requirement
  • Know the Remedy Rule for Your Circuit and Act Accordingly
Basics of Wireless Technology for Municipalities and Municipal Attorneys
  • Coverage vs. Capacity Issues
  • Traditional Wireless Sites vs. Distributed Antenna Systems
  • Alternative Site Analysis
  • RF Safety Compliance Analysis to Determine Compliance With FCC Rules
  • Site Camouflage Techniques and Considerations
  • 700/2100 MHz Band Technology Considerations
  • WiMAX Deployment at Cellular and PCS Wireless Sites
  • Future Technologies And Related Legal Considerations

Faculty

Jonathan Kramer, Kramer Telecom Law Firm, P.C.
John W. Pestle, Esq., Varnum LLP


Jonathan L. Kramer, Esq.
  • Heads the Kramer Telecom Law Firm, P.C., and Kramer Firm, Inc., both based in Los Angeles
  • Radio frequency engineer and an attorney admitted to practice in California
  • Concentrates on law and technology issues of broadband and wireless telecommunications
  • Wireless siting planner and radio frequency engineer, and wireless lecturer for hundreds of local governments throughout the United States for 18 years
  • Testifying expert or trial consultant in wireless cases
  • Published feature articles on wireless tower siting in government and wireless industry journals
  • Co-wrote and edited the FCC’s publication, A Local Government Official’s Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures and Practical Guidance
  • National member of NATOA for more than 20 years and its only twice-honored Member of the Year
  • Fellow member of the Society of Cable Telecommunication Engineers, U.K. Society, and an elected senior member of the Society of Cable Telecommunications Engineers, U.S. Society
  • Licensed by the FCC, holding its highest grade licenses for commercial radiotelephone, radar and marine digital communications, as well as its highest grade amateur radio license, and licensed as a low-voltage communications contractor in California
  • Can be contacted at 310-312-9900, ext. 121, or Kramer@TelecomLawFirm.com

John W. Pestle, Esq.
  • Partner with the Varnum LLP law firm and chair of its Telecommunications Group
  • Represented municipalities for more than 25 years on cable, telecommunications and utility matters, including cell towers and Wi-Fi
  • Represented municipalities on passage and implementation of 1996 statute adding cell tower zoning provisions to Federal law
  • Received Member of the Year award from the National Association of Telecommunications Officers and Advisors for work on 1996 statute
  • Represented the National League of Cities and other state and national municipal groups at the Federal Communications Commission opposing FCC limits, such as “shot clocks”, on local zoning and permitting for cellular and broadcast towers
  • Law firm has provided more than 500 communities nationwide with model cellular tower zoning ordinances, cell tower leases and related materials, and assisted on many cell tower, WiMAX leases
  • Received a Special Award of Merit from the Michigan Municipal League in 2006 for his years of work representing municipalities on cable and telecommunications matters
  • Past chair of the Municipal Lawyers Section of the State Bar of Michigan and past chair of the Legal Section of the American Public Power Association
  • Graduate of Harvard College, Yale Graduate School and the University of Michigan Law School, and held FCC license to work on radio, TV and ship radar transmitters
  • Can be contacted at 616-336-6000, ext. 6725, or jwpestle@varnumlaw.com




These Materials are Designed For

This live audio conference is designed for attorneys, planners, directors of development, city administrators, developers, council and board members, land use professionals, municipal government officials, engineers, architects, surveyors and real estate professionals.

CD & Manual - CD Set with bound 184 page manual
Podcast - 97 Minute MP3 with 184 page electronic manual - Immediate Access and No Shipping Cost