• 6 minutes

FCC Proceeding Exempting Cell/Radio Tower Expansions From Local Approval: Introduction and Overview


Gain insight on clarifications and interpretations of key terms.

The genesis of Section 6409(a) was part of the February 2012 Middle Class Tax Relief Act. The constitutional issues with Section 6409(a) are due to its compelling state and local action, taking property, under the 5th Amendment/Takings Clause, Federalism/10th Amendment, and commerce clause. The background to Section 6409(a) has a long series of industry efforts to preempt local cell tower zoning, including at least six major attempts. This video reviews a summary of the wireless siting order and changes since the wireless siting order.

Runtime: 6 minutes



John W. Pestle, Esq.

John W. Pestle, Esq.

Varnum LLP

  • Chair of the Telecommunications Group at Varnum LLP law firm
  • Representing property owners nationwide on cell leases for 27 years
  • Helped clients sell over 100 cell leases
  • Graduate of Harvard, Yale, and Michigan Law School
  • Can be contacted at [email protected] or 616-336-6725

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