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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.

Agenda

Faculty

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
Jonathan L. Kramer, Esq.

Jonathan L. Kramer, Esq.

Telecom Law Firm, P.C.

  • Senior partner at Telecom Law Firm, P.C.: Offices in Los Angeles, San Di ego, and Boston
  • Attorney admitted in California and New Mexico
  • Wireless leasing and zoning experience for more than 25 years
  • Over 6,000 wireless projects (zoning, leasing, lease enforcement, lease sales)
  • Radio frequency/Broadband telecom engineer for more than 45 years
  • Doctor of Law and Policy, Northeastern University
  • Can be contacted at [email protected] or 310-312-9900, ext. 121

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