Overview
Are you up to date on the major issues and decisions in current federal zoning cases involving cellular towers? Please join us for our upcoming program to learn practical pointers on how municipalities can successfully handle cell tower zoning cases, and learn about the new federal backup power rule for cell towers and its implications for municipalities. You will gain a useful understanding regarding wireless communications technology for non-technical staff, including overview discussions of cellular, PCS, DAS and WiMAX provided by wireless carriers. You will come away with knowledge on how to handle and defend cellular tower zoning applications.
Authors
Jonathan L. Kramer, Esq., FSCTE, BTS, BDS, BPS, CBT, Kramer Telecom Law Firm, P.C., and Kramer.Firm, Inc.
John W. Pestle, Esq., Varnum, Riddering, Schmidt & Howlett LLP
Self Study Credit - OnDemand Webinar
| CC | 0.5 | | |
| CLE | 1.5 | AK, AZ, CA, IL, MT, NC, ND, OR, PA, TN, VA, VT, WA, WI | |
| CLE | 1.7 | MS | |
| CLE | 1.8 | AL, MO, WV | |
Self Study Credit - CD & Reference Manual
| CC | 0.5 | | |
| CLE | 1.5 | CA, GA, ND, NY, OR, UT | |
| CLE | 1.8 | MO | |
| CLE | 2 | CO | |
Self Study Credit - Podcast
| CLE | 1.5 | AK, CA, ME, MT, ND, NV | |
| CLE | 1.8 | MO, WV | |
Agenda
Background and Overview of Federal Law on Cell Tower Zoning, Current Proposed Changes, 1996 Federal Law Changes
- John W. Pestle, Esq.
Current Federal Law and Issues on Cellular Tower Zoning
- John W. Pestle, Esq.
- Which Statute Applies: Federal Communications Act Section 253 (Favored by Cellular Industry) or Section 332(C)(7) (Most Court Cases on Cell Tower Zoning to Date)? An Update on the Latest Developments in the Cases
- Providers Major Claims - No Substantial Evidence to Support Decision, Unreasonable Discrimination, Prohibition on Cellular Service and Procedural Errors
- Substantial Evidence Standard of Review
- Aesthetics, Effects on Property Values and Other Allowable Factors
- Consideration of Alternate Sites and Ways of Serving the Area - When Allowed and How?
- What Is a Gap in Coverage or Prohibition of Service?
- The Requirement for a Written Decision and a Written Record
- Exclusion of Health Concerns and RF Emissions From the Proceeding
Remedies - The Bigger Risk for Municipalities
- John W. Pestle, Esq.
- Remedy of Injunction Allowing Tower to Be Built as Proposed
- Remand for Further Proceedings
- U.S. Supreme Court Ruling - No Attorneys' Fees or Damages Available Under Section 1983
Proposed FCC Cell Tower Zoning Rule - Proposed Legislation
- John W. Pestle, Esq.
- Cellular Industry Petition to FCC to Pre-Empt Local Zoning
- 75 Days to Decide on Zoning Applications for New Towers
- 45 Days for Additional Antennas on Existing Towers
- Applications Automatically Granted If Time Limits Not Met
- Granting Cell Tower Applications Solely by Variances Not Allowed
- Overturn Court Decisions That There Is No Gap in Service If Any Provider Provides Service in Area
No Federal Cell Tower Backup Power Rule
- John W. Pestle, Esq.
- Description of Rule and Status - Generators or Batteries Required - Rule Overturned by Courts
- Applicability to Most Cellular Antennas and Towers
- Concerns of Landowners - Unexpected, Insufficient Space, Hazardous or Flammable Substances, Multiple Generators If Multiple Antennas, Structural Concerns, and Indemnities and Insurance
Practice Pointers for Municipalities and Municipal Attorneys
- John W. Pestle, Esq.
- Compliance With State Zoning Rules
- Review of Coverage Maps and Quality of Service
- Record of Case vs. Written Decision
- Exclude Comments on Radio Frequency Emissions and Their Health Effects
- Good Ways to Comply With the Written Decision Requirement
- Know the Remedy Rule for Your Circuit and Act Accordingly
Basics of Wireless Technology for Municipalities and Municipal Attorneys
- Jonathan L. Kramer, Esq., FSCTE
- Basic Wireless Terms and Concepts You Need to Know
- Coverage vs. Capacity Issues
- Traditional Wireless Sites vs. Distributed Antenna Systems
- Alternative Site Analysis
- Issues usually considered in Alternative Site Analysis reviews
- RF Safety Compliance Analysis to Determine Compliance With FCC Rules
- FCC RF Safety Evaluation Form Available for Governments and Carriers Use
- When Is a More Detailed RF Safety Analysis Required?
- Addressing RF Safety Matters in Public Hearings
- Site Camouflage Techniques and Considerations
- 700 MHz Band Technology Considerations
- WiMAX Deployment at Cellular and PCS Wireless Sites
- Future Technologies and Related Legal Considerations
