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FCC 5G Order on Small Cell Towers and Zoning

Learn about the new FCC rules to speed 5G cell deployment that significantly affect small cell towers, cell towers on municipal property, and cell tower zoning.

Learn about the new FCC rules to speed 5G cell deployment that significantly affect small cell towers, cell towers on municipal property, and cell tower zoning. This topic covers recent FCC rulings which significantly affect cell tower leasing and permitting by municipalities, especially for small cell towers in the rights of way, shot clocks and fees to act on cell zoning requests. The rulings cover all cell sites nationwide (not just 5G) by preempting state and local laws and practices which the FCC views as hindering this deployment. As a result of this information, you will understand these new FCC rulings, their background and impact, options for municipalities on how to respond, as well as the bases for legal challenges to these rulings.

Runtime: 117 minutes
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Why Lorman?

Over 32 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

5G Basics

  • What Is 5G?
  • Why Are Thousands of Small Cells Needed?
  • When Will 5G Be Available?
  • Where?
  • What Do Small Cells Look Like?

FCC 5G Order - New Rules for Antennas in Streets

  • 60/90 Day Shot Clock
  • All Approvals Within Shot Clock
  • Application Fees for All Permits Limited to $100 Total
  • Annual Fees Limited to Costs, $270/Year Presumed Ok
  • Aesthetic Conditions Limited

Zoning, Other Changes Made by FCC 5G Order

  • 90 Day Shot Clock for Antennas on Buildings
  • Shot Clocks Apply to All Needed Permits, Approvals
  • 100 Application Fee for Cell Towers on Parks, City Hall
  • Same Cap for Approvals for Cell Towers on Private Property?

Challenges to New FCC Order

  • Order Is on Appeal, Briefing This Fall
  • Violates Federal Statutes
  • De Novo Review by Courts, No Deference to FCC
  • Takes Municipal Property Without Compensation
  • Violates Federalism, Cities Blamed for Federal Actions

Analysis of, Response to FCC 5G Order

  • Saves Providers/Costs Cities $2 Billion
  • Supposed to Get 5G to Rural Areas, but No Requirement to Do so
  • Options for Cities on How to Respond

FCC No Moratoria Order

  • Bans Delaying Local Approvals
  • Says Statutory Exceptions for Municipalities Do Not Apply
  • Challenges to Moratoria Go to the FCC
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Why Lorman?

Over 32 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 Webinar

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 28, 2019.

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

  • AICP 1.75 including Law 1.5
     
  • This course has been approved by the American Planning Association for 1.8 hours of CM credit for AICP members. Additionally, this course has been approved for 1.5 hours of Law Credit.
     
  • AK CLE 1.75
     
  • Alaska attorneys may receive 1.75 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 2.0
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 2.0 hours credit.
     
  • Arizona CLE 1.75
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.75 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.75
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.75 CLE hours of participatory credit.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • HI CLE 1.75
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.75 CLE credit hours.
     
  • IL CLE 1.75
     
  • This course was approved for a total of 1.75 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MT CLE 2.0
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 2.0 CLE credits.
     
  • ND CLE 2.0
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 2.0 hours of CLE credit.
     
  • NH MCLE 2.0
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 117 Minutes.
     
  • NJ CLE 2.3
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 2.3 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • NY CLE 2.0 including Areas of Professional Practice 2
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 2.0 credit hours in the area(s) of Areas of Professional Practice for 2.00 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, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 2.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 2.0 hours of CLE credit.
     
  • TN CLE 1.95
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.95 hours of credit.
     
  • VT CLE 1.75
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.75 hours of self-study CLE 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.
     
  • WI CLE 1.5
     
  • This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

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.

Audio & Reference Manual

  • Arizona CLE 1.75
     
  • CA MCLE 1.75
     
  • CT CLE 1.5
     
  • HI CLE 1.75
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 2.0
     
  • NJ CLE 2.3
     
  • NV CLE 1.5
     
  • NY CLE 2.0 including Areas of Professional Practice 1.5
     
  • VT CLE 1.75
     
  • 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 does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.75
     
  • CA MCLE 1.75
     
  • CT CLE 1.5
     
  • HI CLE 1.75
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 2.0
     
  • NJ CLE 2.3
     
  • NV CLE 1.5
     
  • NY CLE 2.0 including Areas of Professional Practice 1.5
     
  • VT CLE 1.75
     
  • 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 does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 32 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.

  • 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
  • Can be contacted at 310-312-9900, ext. 121 or [email protected]
John W. Pestle, Esq.

John W. Pestle, Esq.

Varnum LLP

  • Chair of Telecommunications Group at Varnum Law Firm
  • Graduate of Harvard, Yale and Michigan Law School
  • For 23 years has worked on cell leases for property owners
  • Has represented clients nationwide on the sale of nearly 100 cell leases
  • Can be contacted at 616-336-6725 or [email protected]
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Why Lorman?

Over 32 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: 406070
Published 2019
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