The big events relating to local telecommunications facility regulation and how they fit together; history of Section 332; subsequent case law; the FCC's "shot clock" ruling and Supreme Court case; other pieces to the puzzle.
The Federal Communications Commission is considering adopting rules that could limit local governments’ zoning authority and allow wireless-service providers to add facilities to existing buildings, towers, and other structures in public rights-of-way and elsewhere. The wireless industry will likely push the federal agency to adopt rules that will allow them to place and expand facilities with little or no oversight.
At the International Municipal Lawyers Association’s 80th Annual Conference in Las Vegas earlier this month, BB&K Partner Gail Karish presented “Developments in Wireless.” In her presentation (below), Gail uses industry data to show the tremendous growth in wireless infrastructure in recent years. Besides explaining why, she also discusses how recent court decisions, the FCC’s new shot clock and various state laws are impacting local government control over wireless facilities siting.
At the International Municipal Lawyers Association’s annual Spring Meeting in Washington, D.C., we presented “Telecommunications 2016: The Challenges Facing Local Government and its Counsel.”
What Issues are Building and How Do They Affect Local Governments at 2013 International Municipal Lawyers Association Annual Meeting
Teleommunications Policy in an IP World
The big events relating to local telecommunications facility regulation and how they fit together; history of Section 332; subsequent case law; the FCC's "shot clock" ruling and Supreme Court case; other pieces to the puzzle.
The Federal Communications Commission is considering adopting rules that could limit local governments’ zoning authority and allow wireless-service providers to add facilities to existing buildings, towers, and other structures in public rights-of-way and elsewhere. The wireless industry will likely push the federal agency to adopt rules that will allow them to place and expand facilities with little or no oversight.
At the International Municipal Lawyers Association’s 80th Annual Conference in Las Vegas earlier this month, BB&K Partner Gail Karish presented “Developments in Wireless.” In her presentation (below), Gail uses industry data to show the tremendous growth in wireless infrastructure in recent years. Besides explaining why, she also discusses how recent court decisions, the FCC’s new shot clock and various state laws are impacting local government control over wireless facilities siting.
At the International Municipal Lawyers Association’s annual Spring Meeting in Washington, D.C., we presented “Telecommunications 2016: The Challenges Facing Local Government and its Counsel.”
What Issues are Building and How Do They Affect Local Governments at 2013 International Municipal Lawyers Association Annual Meeting
Teleommunications Policy in an IP World
Overview of what an IP transition is: the replacement of traditional public switched telephone network with a network based around the IP protocol — a packet-switched v. a circuit switched network. The purpose of the switch is to bring potentially more efficiency and purpose to the network via wireless or wireline — or a combination of both — networks.
The big events relating to local permitting of wireless telecommunications facilities and how they fit together: Case law; the FCC "shot clock" ruling and Supreme Court case; Section 6409(a) of the Middle Class Tax Relief Act and follow-on court decisions
Cellphone Tower Regulation: Maximizing Revenue While Protecting Local InterestsBest Best and Krieger LLP
Joseph Van Eaton and Gerry Lederer, partners in the BB&K Washington, D.C. office, recently conducted an educational program on regulatory and transactional concerns arising from the siting or collocation of a wireless tower. The presentation focused on the impact of new FCC rules limiting local authority to control modifications of existing wireless facilities on siting regulation and on negotiations for use of public property to place wireless facilities.
Navigating the Internet Protocol Transition
National Association of Telecommunications Officers and Advisors (NATOA) Annual Conference
What are the implications of the IP transition for local franchising, fees, universal service, consumer protection and related areas.
The most common stumbling points and effective ways to get past them; DAS system leasing for in-building networks as a growth area; advice on problematic situations of concern to members of the audience
Background on cell tower growth, current and developing framework for managing wireless development, planning for the future and negotiating leases and licenses for facilities.
The Wheeler Federal Communications Commission - 2014 Outlook on Congress and ...Best Best and Krieger LLP
Demise of Title II regulation and the rise of net neutrality?
"Best Practices" or Federal Preemption and shot clocks for zoning and permitting?
FCC “Process Reform” proposals
2014 Outlook on Congress and the FCC
The Truth about Wired and Wireless: Key Legal and Regulatory Issues by Sean S...Gigabit City Summit
The Truth about Wired and Wireless: Key Legal and Regulatory Issues by Sean Stokes of Baller Stokes & Lide was presented at the 2017 Gigabit City Summit.
Tim Denton is the Commissioner of the CRTC (Canadian FCC). He spoke on Session 5: Muni Fiber Super Session at the Freedom to Connect 2009 conference.
If you'd like more info about the conference, see
http://freedom-to-connect.net/
Overview of what an IP transition is: the replacement of traditional public switched telephone network with a network based around the IP protocol — a packet-switched v. a circuit switched network. The purpose of the switch is to bring potentially more efficiency and purpose to the network via wireless or wireline — or a combination of both — networks.
The big events relating to local permitting of wireless telecommunications facilities and how they fit together: Case law; the FCC "shot clock" ruling and Supreme Court case; Section 6409(a) of the Middle Class Tax Relief Act and follow-on court decisions
Cellphone Tower Regulation: Maximizing Revenue While Protecting Local InterestsBest Best and Krieger LLP
Joseph Van Eaton and Gerry Lederer, partners in the BB&K Washington, D.C. office, recently conducted an educational program on regulatory and transactional concerns arising from the siting or collocation of a wireless tower. The presentation focused on the impact of new FCC rules limiting local authority to control modifications of existing wireless facilities on siting regulation and on negotiations for use of public property to place wireless facilities.
Navigating the Internet Protocol Transition
National Association of Telecommunications Officers and Advisors (NATOA) Annual Conference
What are the implications of the IP transition for local franchising, fees, universal service, consumer protection and related areas.
The most common stumbling points and effective ways to get past them; DAS system leasing for in-building networks as a growth area; advice on problematic situations of concern to members of the audience
Background on cell tower growth, current and developing framework for managing wireless development, planning for the future and negotiating leases and licenses for facilities.
The Wheeler Federal Communications Commission - 2014 Outlook on Congress and ...Best Best and Krieger LLP
Demise of Title II regulation and the rise of net neutrality?
"Best Practices" or Federal Preemption and shot clocks for zoning and permitting?
FCC “Process Reform” proposals
2014 Outlook on Congress and the FCC
The Truth about Wired and Wireless: Key Legal and Regulatory Issues by Sean S...Gigabit City Summit
The Truth about Wired and Wireless: Key Legal and Regulatory Issues by Sean Stokes of Baller Stokes & Lide was presented at the 2017 Gigabit City Summit.
Tim Denton is the Commissioner of the CRTC (Canadian FCC). He spoke on Session 5: Muni Fiber Super Session at the Freedom to Connect 2009 conference.
If you'd like more info about the conference, see
http://freedom-to-connect.net/
Andrew Seybold's Rebuttal to FCC Capacity White PaperAndrew Seybold
In June 2010, the FCC published its second white paper supporting its recommendations in the National Broadband Plan (NBP) submitted to Congress in March of this year. The first white paper detailed the FCC’s ideas related to the cost of building and operating a nationwide public safety Broadband network. I reviewed that document and prepared my own white paper challenging many of the FCC’s assumptions and questioning its findings.
Self Prepared material when i didn't find one. It covers basics of communication network evolution and also covers the Key factors in communication network evolution.
Founded in 2006, the HetNet Forum is the only national network of leaders focused on shaping the future of heterogeneous wireless networks (the HetNet). The HetNet is a wireless ecosystem, comprised of a variety of mobile and wireless technologies and infrastructure, interoperable with the macro-cellular network providing harmonious voice and data communications.
#IFCLA2014 keynote 'Open internet and Open access to law'Chris Marsden
Net neutrality has evolved in the past 4 months from a regulatory edict that was overcome by the US Appeal Court 14 January 14 decision in Verizon v. FCC 740 F.3d 623 (2014), to a strong European law passed at First Reading by the outgoing Parliament on 3 April 2014. Chris Marsden is author of the first legal research treatise on the subject Net Neutrality: Towards a Co-Regulatory Solution (January 2010, 2nd edition due 2016) and advisor to several governments and international organisations on net neutrality. He will explain what is in the new European law, contrast it with the FCC regulatory proceedings and case law, and identify a solution to the legislative and regulatory logjams on both sides of the Atlantic. The solution needs to both satisfy consumer advocates that access to the open Internet will constantly increase in quality, as well as satisfying service provider demands for adequate incentives to invest in high-speed lanes, known as ‘Specialised Services’. He will also speak about open access to the law. There is a strong connection between open access to the Internet and to the law. Without an adequate Internet connection in the office, at home and on the move, it does not matter how good a legal app is. Marsden will analyse the increasing tendency towards providing wider access to legislation, case law and commentary by governments, publishers and law firms. There are several European projects funded by the European Commission DG Justice such as www.openlaws.eu and EUCases, as well as national projects such as #goodlaw and legislation.gov.uk, that are making use of the Internet to provide a much richer experience in ‘mashing up’ existing databases for lawyers to tailor to their (and their clients’) needs. His analysis of open access to law is based on his forthcoming article in Computers & Law, and forms part of a two-year ongoing multinational research project.
Net Neutrality at United Nations Internet Governance Forum 2013Chris Marsden
My presentation at Dynamic Coalition on Net Neutrality - explaining the myths of net neutrality, legal framework and the US approach towards definitions of specialized services.
Given the central role of telecommunications in the global economy and in the lives of humans worldwide, an understanding of innovation in telecommunications is critical to understanding the global dynamics of innovation generally. The technical, economic, and political dynamism of the sector means that there could be no better time for this work.
Similar to Public Safety and Wireless Deployment (20)
When the Chair is Empty… How Do We Provide FAPE When Students Aren’t In School?Best Best and Krieger LLP
Chronic Absenteeism and Truancy:
1) Why Do We Care So Much?
2) Applicable Rules Requiring District Action.
3) Legal Challenges and Practical Ways to Successfully Blend Statutory Obligations to Help Ensure Student Success.
Best Best & Krieger LLP attorney Sarah Owsowitz and Matt Klopfenstein, the legislative and legal advisor at Gonzalez, Quintana, Hunter & Cruz, LLC, recently presented a Legislative Update to the Association of Environmental Professionals San Francisco Bay Area Chapter.
On-Body Cameras: Answering Tough Questions from Empirical and Legal StandardsBest Best and Krieger LLP
Best Best & Krieger attorney Jordan E.A. Ferguson delivered a presentation titled, "On-Body Cameras: Answering Tough Questions from Empirical and Legal Standards." In his presentation (below), Jordan discusses the promises and challenges of law enforcement use of body-worn cameras, establishing policies surrounding their use and the privacy, data retention and criminal justice issues that go along with them.
The Sharing Economy: Uber and Airbnb – Can They Exist in a Regulated World? W...Best Best and Krieger LLP
Best Best & Krieger attorney Jordan Ferguson was part of a panel discussion entitled, “The Sharing Economy: Uber and Airbnb – Can They Exist in a Regulated World? Will They Save of Destroy Your Community?” The panelists discussed how cities have responded to the emergence of the sharing economy with everything from new ordinances to expanded code enforcement efforts. Learn more about the sharing economy in the presentation (below). www.bbklaw.com
How communities can protect themselves and their citizens through local reviews of the proposed merger (where permitted by a local franchise or state law); and by filing comments with the Federal Communications Commission, to either deny the merger, or to establish merger conditions.
Topics discussed:
- New Legislation - Private Employers
- New Legislation - Public Employers
- Wage and Hour Law
- Disability, Discrimination and Medical Leaves
- Discrimination, Harassment and Retaliation
- Religion in the Workplace
- Update: Public Agency Case Studies
BB&K Labor & Employment Practice Group Presenters:
Alison Alpert, Partner (San Diego, CA)
Cynthia Germano, Partner (Riverside, CA)
Joseph Ortiz, Partner (Riverside, CA)
Arlene Prater, Partner (San Diego, CA)
Lowell Zeta, Associate (Riverside, CA)
Public Private Partnerships: From Economic Development to Local-Serving Infr...Best Best and Krieger LLP
Local jurisdictions are considering (and developer are encouraging) various forms of public-private partnerships to attract and sustain economic development. In California there is growth in the use of P3’s for local serving infrastructure procurement (water, wastewater, etc.) and evaluation of various local authority (zoning, land use, police power, etc.) to replace redevelopment and tax increment financing.
Top mailing list providers in the USA.pptxJeremyPeirce1
Discover the top mailing list providers in the USA, offering targeted lists, segmentation, and analytics to optimize your marketing campaigns and drive engagement.
Implicitly or explicitly all competing businesses employ a strategy to select a mix
of marketing resources. Formulating such competitive strategies fundamentally
involves recognizing relationships between elements of the marketing mix (e.g.,
price and product quality), as well as assessing competitive and market conditions
(i.e., industry structure in the language of economics).
In the Adani-Hindenburg case, what is SEBI investigating.pptxAdani case
Adani SEBI investigation revealed that the latter had sought information from five foreign jurisdictions concerning the holdings of the firm’s foreign portfolio investors (FPIs) in relation to the alleged violations of the MPS Regulations. Nevertheless, the economic interest of the twelve FPIs based in tax haven jurisdictions still needs to be determined. The Adani Group firms classed these FPIs as public shareholders. According to Hindenburg, FPIs were used to get around regulatory standards.
Event Report - SAP Sapphire 2024 Orlando - lots of innovation and old challengesHolger Mueller
Holger Mueller of Constellation Research shares his key takeaways from SAP's Sapphire confernece, held in Orlando, June 3rd till 5th 2024, in the Orange Convention Center.
Company Valuation webinar series - Tuesday, 4 June 2024FelixPerez547899
This session provided an update as to the latest valuation data in the UK and then delved into a discussion on the upcoming election and the impacts on valuation. We finished, as always with a Q&A
3. Telecommunications Law
700 MHz Broadband
• Single national public safety license: FCC, 2007;
Congress, 2012 (P.L. 112-96, Title VI)
• Chief concern: interoperability
• FirstNet established within NTIA/DOC
To lease spectrum to state/regional operators
Under FCC-created interoperability standards
Using existing facilities and commercial
partnerships where possible
• As of mid-August, 2 leases; others likely soon
4. Telecommunications Law
700 MHz Broadband (cont’d)
• Large tasks remaining:
Choice of system architecture
Evaluating RFP responses
Selecting core and access network contractors
Completion of FirstNet staffing
• Bill D’Agostino, Jr., General Manager
• T J Kennedy, Deputy GM
• Edward Parkinson, Government Affairs Director
• Randolph Lyon, Chief Financial Officer
5. Telecommunications Law
700 MHz Broadband (cont’d)
• Contentious issues:
Charges by Board Member Paul Fitzgerald
States’ choice: opt-in or not?
Fate of BTOP grants pre-dating FirstNet
FCC’s role as regulator of FirstNet
• Spectrum auction and financial uncertainties
• System “apps” – new liabilities?
6. Telecommunications Law
700 MHz Narrowband
• 2016 deadline to reduce channel widths
• Destination for T-Band evacuees
• Who pays for move of “old” narrowband to
“new?”
• Narrowband voice and broadband data
incompatible, for now
7. Telecommunications Law
800 MHz rebanding
• Ten years ago, Nextel offered to pay for spectrum
shuffle that would segregate public safety
channels from commercial uses – in exchange for
10 MHz of spectrum.
• Aim was to eliminate or mitigate interference
between incompatible architectures
• Process was to be finished in 2008, but treaty
negotiations with Canada and Mexico – plus
unexpected complexities – caused delay.
8. Telecommunications Law
800 MHz rebanding (cont’d)
• Licensees and Nextel have differed over
“reasonable” moving expense and “comparability”
of rebanded systems.
• While interior and Canadian border are nearly
finished, Mexican border just beginning.
• Nextel hopes to avoid protracted negotiations by
offering fixed prices per radio.
• And by reducing the expense documentation now
required to close out contracts.
9. Telecommunications Law
RF radiation safeguards
• Wireless communication is essential to modern
fire, police and emergency medical services
• But some scientists, and many citizens, are
concerned that the sheer ubiquity of wireless
technology is harming us in ways not fully
understood
• Under NEPA, the FCC for nearly 30 years has
regulated transmitter emissions on the basis of
their potential to overheat human tissues
10. Telecommunications Law
RF radiation safeguards (cont’d)
• Recently, the FCC opened an inquiry into the
thermal basis for existing rules
• And asked how they could be better enforced
• Initial comments are due September 3rd, replies
November 1st
• Local governments reviewing wireless siting
applications often are caught between
Industry response to consumer demand, and
Citizen fears of RF effects, especially on children
11. Telecommunications Law
RF radiation safeguards (cont’d)
• Zoning boards experiencing this crossfire should not hesitate to comment
on reply if they missed the September deadline
• As of September 2013:
Nearly 1000 comments since June of 2012, most individual rather than corporate
Key institutional comments on 9-3-13 summarized in paper handout
• From 8/5/13 FCC letter to LA schools superintendent:
“Since the FCC is not a health and safety agency itself, we must defer to other
organizations and agencies with respect to interpreting the biological research necessary to
assess the health impact of RF emissions, and to determine what levels are safe. In 1996,
the Commission adopted its current guidelines for human exposure to RF energy based on
recommendations from the Environmental Protection Agency (EPA), the Food and Drug
Administration (FDA), and other federal health and safety agencies.”
12. Telecommunications Law
RF radiation safeguards (cont’d)
• When the issues are fully joined by replies in
November, we’ll have a better idea of how far
municipalities can go in seeking compliance
without inhibiting wireless services
13. Telecommunications Law
Thank you for attending.
James R. Hobson
Of Counsel
Best Best & Krieger LLP
2000 Pennsylvania Avenue N.W., Suite 4300
Washington, DC 20006
Phone: (202) 370-5305/ (202) 785-0600
Email: james.hobson@bbklaw.com
www.bbklaw.com