Understand how to respond to it to the new FCC proceeding exempting cell tower/radio tower expansions.
A current FCC proceeding is likely to exempt many or most changes to cell tower/radio tower sites from complying with state and local laws, including weakening/preempting compliance with health and safety-related codes and requirements. This topic will cover the 2014 Order (briefly), the expanded preemption being considered and significant municipal concerns and objections to such expansion. Among many other things, the FCC is being asked to weaken/preempt compliance with health and safety-related codes and requirements; effectively remove height restrictions on towers; prevent public hearings on site changes; increase the size of expansions which must be approved; prevent local approvals for changes at tower sites or within 30 feet of a current site; allow incomplete applications to start shot clocks; require all permits and local approvals to be issued within the shot clocks; prohibit requiring engineering drawings showing proposed changes; and ignore camouflaging requirements. This would significantly expand the preemption set forth in the FCC's 2014 Wireless Siting Order. This topic covers some of the major requests to the FCC, formal municipal responses, and what municipalities can do now at the FCC to oppose requested changes. A decision by the FCC is likely in the next several months.
John W. Pestle, Esq.
- Chair of the Telecommunications Group at Varnum LLP law firm
- Representing property owners nationwide on cell leases for 26 years
- Helped clients sell over 100 cell leases
- Graduate of Harvard, Yale, and Michigan Law School
- Can be contacted at 616-336-6725 or [email protected]
Jonathan L. Kramer, Esq.
Telecom Law Firm, P.C.
- Senior partner at Telecom Law Firm, P.C. with offices in Los Angeles, San Diego, and Seattle
- Attorney admitted in California and New Mexico
- Wireless leasing and zoning experience for more than 25 years
- Radio frequency telecom engineer for more than 40 years
- Doctor of Law and Policy, Northeastern University
- Can be contacted at 310-312-9900, ext. 121 or [email protected]
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