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.
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Why Lorman?
Over 35 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
Introduction and Overview
- Section 6409(a) of Middle Class Tax Relief Act/47 USC Section 1455(a)
- Background to Section 6409(a)
- FCC 2014 Wireless Siting Order Implementing Section 6409(a)
- Changes Since Wireless Siting Order
- Industry's Two 2019 Petitions to FCC
- Current Status of FCC Proceeding
Some of Major Preemptions Requested
- Changes Within Leased Area Automatically Allowed
- Height Restrictions Effectively Removed
- One Antenna on Building Allows Antennas Anywhere on Building
- No Local Approvals for Expansions Within 30' of Leased Area/Easements
- Ability to Require Concealed Antennas Reduced
- Radio Boxes on Poles Can Extend Into Street
- Cell Antennas Must Be Allowed on Light Poles
- No Public Hearings Allowed on Applications
- Applications Need Not Be Signed by Property Owner
- Before and After Drawings of Changes Prohibited
- Good Faith Attempt to Apply/Incomplete Applications Starts Shot Clocks
- Fees and Deposits Limited, Prevented
- All Permits, Approvals Must Be Granted Within Shot Clocks
- No Conditional Permits Allowed
- Noncompliances With Prior Approvals Need Not Be Remedied
Municipal Responses/What Can Municipalities Do
- Opposition by All Major Municipal Organizations
- Municipal Responses to Date
- Educate FCC Staff on Facts, Issues Involved
- Ex Parte Filings With FCC
- Constitutional/10th Amendment Issues With Proceeding
- Court Appeals After FCC Decision
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Why Lorman?
Over 35 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
This course was last revised on June 2, 2020.
Call 1-866-352-9540 for further credit information.
- AR CLE 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
- CA MCLE 1.5
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- NY CLE 1.5 including Areas of Professional Practice 1.5
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- WA CLE 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 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 35 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.
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]
John W. Pestle, Esq.
Varnum LLP
- Chair of the Telecommunications Group at Varnum LLP law firm
- Representing property owners on cell leases for over 25 years
- Helping clients sell over 100 cell leases
- Graduate, Harvard, Yale, and Michigan Law School
- Can be contacted at 616-336-6725 or [email protected]
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