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FCC Order Exempting Cell Towers and Other Communications Towers From Certain Local Zoning and Safety Laws

Gain an understanding of the many legal and technical issues under the Order, including scope, constitutionality, effect on existing towers, new towers, and small cells.

This updated topic covers the FCC's 2014 Wireless Siting Order implementing 47 U.S.C. 1455(a) that preempts state and local approval for many changes to communications towers and antenna sites, including the Order's relation to conflicts with the FCC's September 2018 Order aiding the installation of thousands of small cell sites in rights of way. We will describe the many legal and technical issues under the Order, including what types of changes are covered; the differing rules for small cell sites, antennas on buildings, along highways, and on camouflaged sites, and the Order's application process, the 60-day shot clock, and 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 regarding the Order, and will provide practical guidance on how they can identify, address and resolve common issues related to the Order. We will discuss current wireless industry requests to expand these rules. 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.

115 minutes
Certificate of Completion
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Why Lorman?

Over 34 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.

Agenda

Overview of Wireless Siting Order

  • Took Effect in Spring 2015
  • Implements Section 6409(a) of 2012 Middle Class Tax Relief Act, 47 U.S.C. ยง 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
  • Relation to, Conflicts With FCC September 2018 Small Cell Site Order
  • 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
  • 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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Why Lorman?

Over 34 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.

Credits

OnDemand Course

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 October 23, 2019.

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

  • CA MCLE 1.75
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.75 CLE hours of participatory credit.
     
  • WA CLE 2.0
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 2.0 hours of A/V credit under the Law & Legal Procedure category.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

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

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Why Lorman?

Over 34 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

Jonathan L. Kramer, Esq.

Jonathan L. Kramer, Esq.

Telecom Law Firm, P.C.

  • Senior partner at Telecom Law Firm, P.C. with offices in Los Angeles and San Diego
  • Attorney admitted in California and New Mexico
  • Wireless leasing and zoning experience for more than 20 years
  • Radio frequency telecom engineer for more than 35 years
  • Doctor of Law and Policy, Northeastern University
  • 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 Varnum LLP law firm
  • For 25 years has represented property owners on cell leases
  • Including helping clients sell over 100 cell leases
  • Graduate of Harvard, Yale, and Michigan Law School
  • Can be contacted at 616-336-6725 or [email protected]
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Why Lorman?

Over 34 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.

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Product ID: 406031
Published 2019
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