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New FCC Order Exempting Changes to Cell Towers, Communications Antennas From Zoning and Other State and Local Laws

Get the tools you need to understand and implement the FCC Wireless Siting Order.This topic covers the FCC's 2014 Wireless Siting Order which implements 47 U.S.C. 1455(a) that preempts in part state and local approval for many changes to existing communications towers and antenna sites. We will describe the many legal and technical issues under the Order, including what types of changes and modifications are covered; the differing rules for antennas on buildings, along highways, and on camouflaged sites; and potential interactions with state wireless deregulation rules. We will describe the Order's application process, the 60-day shot clock, and issues regarding the 'deemed granted' remedy. This information will give you the tools to identify and discuss issues that are likely to be raised by wireless firms and municipalities as they implement the Order, and will provide practical guidance on how municipalities and providers can identify, address and resolve common issues related to the Order. You will come away with useful legal and technical knowledge about what is certain under the Order, what is uncertain, and practical guidance on how to proceed.


Runtime: 93 minutes
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Agenda

FCC Order Effective in 2015 Exempting Cell Towers and Other Communications Towers and Antennas From Certain Local Zoning and Safety Laws: Scope, Constitutionality, Effect on Existing Towers: Effect on New Towers

Overview of Wireless Siting Order

  • Issued in October 2014, Took Effect in Spring 2015
  • Implements Section 6409(a) of 2012 Middle Class Tax Relief Act, 47 U.S.C. § 1455(a)
  • Addresses Changes to Cell Towers and Antennas, Other Communications Towers
  • Requires States, Municipalities to Approve "Qualifying Changes" to "Eligible Facilities"
  • Defines What Changes, Modifications Are Covered
  • Limits What Cities, States Can Consider
  • Sets 60-Day Shot Clock to Act on Qualifying Changes
  • Changes Not Timely Acted on Are "Deemed Approved"

Are Wireless Siting Orders, Section 6409(a) Constitutional?

  • Federalism, Commerce Clause Limits on Federal Authority
  • Blurs Political Accountability by Feds Commandeering Local Governments

Key Aspects of Wireless Siting Order

  • Defines What Changes Are "Substantial" and Not Covered by Order
  • Special Rules for Towers, Antennas in Streets and Rights of Way
  • For Towers, Only Ones Built for Communications Purposes Qualify
  • Order Covers Cell Tower, AM, FM, TV and Other FCC Communications Services
  • Applies to Equipment Structures, Base Stations, Transmission Equipment
  • Special Rules for Antennas on Buildings, on Other Structures
  • Order Doesn't Affect Camouflaged Towers or Towers on State, City Property
  • Zoning Laws Clearly Affected
  • Effect on State and Federal Environmental, Historic Preservation Laws
  • Building and Safety Code Compliance, Americans With Disabilities Act Unaffected
  • Sixty Day Shot Clock to Act Applications, With Tolling Provisions
  • Applications Not Tolled or Acted on in 60 Days Are Deemed Approved
  • Potential Interactions Between Section 6409(a) and Changing State Laws
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Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on August 24, 2017.

Call 1-866-352-9540 for further credit information.

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Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Dr. Jonathan L. Kramer, Esq.

Dr. Jonathan L. Kramer, Esq.

Telecom Law Firm, P.C.

  • Heads the Telecom Law Firm, P.C. with offices in Los Angeles and San Diego
  • Attorney admitted in California and New Mexico
  • Radio frequency telecom engineer for more than 35 years
  • Local government wireless siting planner and reviewer in more than 2,000 wireless siting matters regarding macrocell, microcell, and small cell projects
  • Testifying expert or trial consultant in more than 40 wireless and wired telecom cases
  • 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, and its only twice-honored Member of the Year
  • Senior member of the U.S. Society of Cable Telecommunications Engineers, Fellow member of the U.K. Society of Cable Telecommunication Engineers, and Senior member of the U.S. Society of Broadcast Engineers
  • Holds FCC’s highest grade licenses for commercial radiotelephone, radar, marine digital communications, and amateur radio. Licensed California communications contractor (C-7)
  • Doctor of Law and Policy, Northeastern University
  • LL.M. in IT/Telecommunications Law, Strathclyde University School of Law
  • Can be contacted at 310-312-9900, ext. 121 or [email protected]
John W. Pestle, Esq.

John W. Pestle, Esq.

Varnum LLP

  • Chair of the Telecommunications Group at the Varnum LLP law firm
  • Since 1996 has represented property owners (companies, municipalities, schools, churches, farms, etc.) on cell tower leases, amendments and sales
  • Represented clients on the sale of more than 70 cell tower leases and future leasing rights
  • Provides model cell tower leases, currently to more than 500 organizations nationwide
  • For more than 30 years has represented clients on cable, telecommunications and other utility matters
  • Represented municipalities on 1996 statute adding cell tower zoning provisions to federal law, received Member of the Year award from national municipal group for same
  • Represented National League of Cities and other municipal groups opposing Federal Communications Commission limits on local zoning, permitting for cellular and broadcast towers
  • Received Special Award of Merit from the Michigan Municipal League for his work representing municipalities on cable and telecommunications matters
  • Past chair of both the Municipal Lawyers Section of the State Bar of Michigan and the Legal Section of the American Public Power Association
  • Held FCC First Class Radio Telephone license to work on radio, TV and ship radar transmitters
  • Admitted to practice in Michigan and Arizona
  • Graduate, Harvard College, Yale Graduate School and the University of Michigan Law School
  • Can be contacted at 616-336-6000, ext. 6725 or [email protected]
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Product ID: 400171
Published 2017
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