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.
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- What Is 5G?
- Why Are Thousands of Small Cells Needed?
- When Will 5G Be Available?
- 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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This course was last revised on August 28, 2019.
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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.
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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.
- Chair of the Telecommunications Group at Varnum LLP law firm
- For 24 years he has represented property owners on cell leases
- Including helping clients sell around 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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