Major Issues in WiMAX Tower Leases and Zoning
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89 Min. Audio MP3 - No shipping cost | ||
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Benefits
High speed over the air broadband service for your computer, home or office, often called WiMAX service, is being rolled out in more than 80 U.S. metropolitan areas in 2009 and 2010. WiMAX is like Wi-Fi computer service, but covers an entire city or county. WiMAX will lead to more leases of land for communications towers because an entire new set of antennas and some new towers will be required for communities receiving the service, but some antennas will be put on existing cell towers. For many of these existing towers and the landowners who leased the land for them, WiMAX raises the issue of whether a lease amendment with increased rent is required to add the WiMAX antennas.
WiMAX has unique zoning issues, due to not getting the special treatment granted phone companies. In California and states with similar laws, required environmental reviews may have to examine the entire proposed WiMAX antenna network. WiMAX companies may raise discrimination or other claims, such as claiming protection under federal cell tower zoning or telecommunications statutes, if their zoning results differ from those for cell phone companies.
This teleconference will focus on the unique aspects of WiMAX tower leases and zoning, and help level the playing field by providing private and municipal property owners with the expertise of two faculty members experienced in cell tower leases, WiMAX and telecommunications matters. It will also touch on some of the other key business issues in wireless site leases, including lease rates and who gets the revenues from additional antennas or carriers being co-located at a site.
Learning Objectives
You will be able to differentiate whether WiMAX antennas can be added to an existing tower under the current lease or whether a lease amendment and rent increase are appropriate.
You will be able to recite key terms which should be in a WiMAX lease, so as to protect the landowner.
You will be able to outline zoning issues that are unique to WiMAX antennas and potential resolutions.
You will be able to recognize and prevent potential radio frequency interference and to ensure compliance with the FCC RF emissions safety rules.
Agenda
What Is WiMAX Service – How Does WiMAX Differ From WiFi?
Where Will It Be Provided in the Next Few Years and by Whom?
What Kinds of Towers Will Be Needed?
When Does the WiMAX Provider Have to Get a New Lease or Lease Amendment With Increased Rent to Put Its Antennas on an Existing Tower or Wireless Site?
Rent Amounts, Terms and Escalators for WiMAX
What Other Antennas and Towers Can Be Put on the WiMAX Site?
Who Gets the Revenues If Another Provider Adds Its Antenna to the Tower?
How to Address Potential Radio Interference From WiMAX
Protecting the Owner If the Provider Sells or Goes Bankrupt
RF Safety Environmental Review of WiMAX Towers and Network
Zoning Review and Issues for WiMAX Towers
Faculty
Jonathan L. Kramer, Esq., FSCTE, BTS, BDS, BPS, Kramer Telecom Law Firm, P.C.
John W. Pestle, Esq., Varnum, Riddering, Schmidt & Howlett
Jonathan L. Kramer, Esq., FSCTE, BTS, BDS, BPS
- Radio frequency and cable TV/broadband engineer, and an attorney admitted to practice in California
- Heads the Kramer Telecom Law Firm, P.C., and Kramer Firm, Inc., both based in Los Angeles
- Concentrates on broadband and wireless telecommunications technology and law issues
- 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 more than a dozen wireless cases
- Regularly negotiates wireless site leases, and teaches wireless tower siting and site leasing classes to government and industry planners
- Published feature articles on wireless tower siting in government and wireless industry journals
- Co-wrote and edited the FCC’s publication titled “A Local Government Official’s Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures and Practical Guidance”
- 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
- A national member of NATOA for more than 20 years and its only twice-honored Member of the Year
- Co-founder and board member of the California/Nevada chapter of NATOA
- 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)
- Contact him at 310-312-9900, ex. 121 or at Kramer@TelecomLawFirm.com
John W. Pestle, Esq.
- Partner with the Varnum, Riddering, Schmidt & Howlett law firm and chair of its Telecommunications Group
- Graduate of Harvard College, Yale Graduate School and the University of Michigan Law School, former FCC First Class Radiotelephone Licensee with ship radar endorsement
- Represented municipalities for more than 25 years on cable, telecommunications and utility matters, including cell towers and Wi-Fi
- Law firm has assisted on many cell tower leases and provided more than 500 communities nationwide with model cellular tower zoning ordinances, cell tower leases and related materials
- Law firm represented the National League of Cities and other national municipal groups at the Federal Communications Commission opposing proposed FCC limits on zoning, permitting and related matters for cellular and broadcast towers
- 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
- Received Member of the Year award from the National Association of Telecommunications Officers and Advisors for work on cable and telecommunications matters
- 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
- Contact him at 616-336-6000, ex. 6725 or jwpestle@varnumlaw.com
These Materials are Designed For
Attorneys, planners, directors of development, project managers, government administrators, council and board members, land use and zoning officials, engineers, architects, surveyors and real estate professionals
| CD & Manual | - CD Set with bound 42 page manual |
| Podcast | - 89 Minute MP3 with 42 page electronic manual - Immediate Access and No Shipping Cost |
