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.”
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.”
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.
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.
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.
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 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.
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.
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 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 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
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
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/
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.
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.
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.
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 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.
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.
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 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 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
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
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/
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.
All the q about net neutrality.1. Who is in favor of net neutralit.pdfakashborakhede
All the q about net neutrality.
1. Who is in favor of net neutrality? What reasons do they offer for this position?
2. What legal challenges are critics making against the FCC\'s rules? What three approaches are
they taking? Which is likely to succeed?
3. What affect could the FCC\'s decision have on the government, consumers, and various
internet-related companies? Are conditions expected to change drastically for any of these
groups?
Solution
1. Net neutrality is the principle that Internet service providers and governments should treat all
data on the Internet equally, not discriminating or charging differentially by user, content, site,
platform, application, type of attached equipment, or mode of communication. Nearly anyone
and any business not involved with the cable and phone companies supports keeping the Internet
as the open marketplace that it is today. Consumer groups, small businesses, innovators, family
and religious groups, financial services, retailers as well as major Internet brands such as Google,
Yahoo!, Amazon.com, Earthlink, eBay, Intel, Microsoft, Skype, Vonage are fighting to keep the
Internet open.
2.The FCC just voted in favor of a strong net neutrality rule to keep the Internet open and free.A
legal fight against the Federal Communications Commission\'s new Internet traffic rules has
begun with a suit by the United States Telecom Association, an industry group that represents
companies including AT&T and Verizon. The FCC is honing in on three areas of oversight: the
blocking of access to any content, the \'throttling\' of Internet traffic (slowing it down for reasons
other than what may be technically necessary to maintain a network\'s operations), and paid
prioritization (in which providers may favor some Internet traffic over others by creating \'fast
lanes\' for websites and services that can pay for them). One of the key legal arguments to expect
in the months to come, according to Werbach, is that the FCC previously said a company can
either be a telecommunications service or an information service, but not both. ISPs may argue
that they are elements of both and that the FCC must prove that they are not information
companies before it can reclassify them, says Werbach.
3.It will be a long time before anything materialises. Netflix won\'t stream any faster for you and
ISPs won\'t stop investing in their networks or high speed fiber cables as a result. Internet service
providers say they back the concept. But they don\'t want to face more, costly regulation and
claim it would hurt the economy.
Their argument is the internet has been progressing just fine the way it is currently set up, thanks
in parts to their expensive investments in network upgrades that have improved the quality of
high-speed service and expanded its availability.
More regulation will cost them more money - money they would otherwise spend on expanding
and improving their networks, they say. That would have the trickle-down effect of hurting
b.
This presentation is from the May 21, 2015 monthly lunch program hosted by the Orange Section of the American Planning Association.
In this presentation, Jonathan Kramer, Esq. and Robert May III, Esq. examine recent changes in local and federal laws affecting how wireless companies deploy new sites and how planners regulate them. This presentation is especially helpful if you're in charge of writing a new wireless ordinance, need a refresher on the "shot clock" rules, or are just plain confused as to how the Middle Class Tax Relief and Job Creation Act of 2012 (a.k.a. Section 6409) affects you.
This webinar will help local government staff and other community stakeholders—such as community-based and environmental justice organizations—better understand FERC and the available pathways for these stakeholders to engage with the agency. Featured speakers will cover the history of FERC, how it functions, and its role in affecting the future of the electricity sector. The webinar will also discuss why community voices are valuable at FERC and how these voices can have the greatest impact.
Do you contact your consumers by phone? You might only reach out to them occasionally – to inquire about a late payment or a change in the account. Still, calling your consumers – even once – means you must also adhere to the regulations established by the Telephone Consumer Protection Act (TCPA). Failure to follow the rules can result in per instance fines as high as $1,500. In this presentation, we'll address the top 10 TCPA questions in the industry with expert responses.
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.
Background on cell tower growth, current and developing framework for managing wireless development, planning for the future and negotiating leases and licenses for facilities.
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
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.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
2. Mergers – What’s Going On
• Comcast-Time Warner – Charter (merger of 1st
and 2d largest providers of cable and broadband;
spin-offs and consolidations to Charter to create
regionally concentrated dominance for Charter-
Comcast)
• AT&T Acquisition of DIRECTV
• Both pending federal approval
Government Relations Services
3. Flow Chart of the Federal Process
Government Relations Services
Application Filed
F.C.C. Communications Act
Transfer licenses
requires public interest.
Approve
Disapprove
Condition
Justice
Clayton Act/Hart Scott
Rodino/Sherman
Cannot lessen
competition
Approve
Disapprove
Condition or Consent
Decree
FTC
Clayton Act/Federal Trad
Commission Act
Cannot lessen
competition
Clayton Act, 15 U.S.C. § 18, Sections 1 and 2 of the Sherman Act, 15
U.S.C. § 1, 2, and Section 5 of the Federal Trade Commission Act, 15
U.S.C. § 45
4. Government Relations Services
FCC
Communications Act
• Jurisdiction -- Communications Act poses a separate and some feel higher
standard for approval of the transfer of the hundreds of licenses (e.g.
microwave, satellite and other licenses,) from Time Warner to Comcast.
• Standard: Comcast bears the burden of proving that the deal is in the
“public interest, convenience and necessity.”
Public interest standard offers FCC greater latitude than the DOJ has.
FCC can base its actions on a determination of what the deal’s approval might
do to affect the diversity in the marketplace of ideas, competition or localism.
Commission decision is afforded considerable deference.
• Process
Companies required to file a detailed application showing transaction is in the
public interest
Public has opportunity to file comments
Response and Reply processes
Opportunities to meet with staff (ex parte)
5. Government Relations Services
FCC
• MB 14-90 is docket for AT&T – DIRECTV merger
Application materials available for public
review on FCC website
http://www.fcc.gov/transaction/att-directv
• Initial comments/petitions filed September 16,
response Oct. 16, replies November 5
6. Government Relations Services
FCC
• MB 14-57 is docket for Comcast-TWC-Charter
merger. Application materials available for public
review on FCC website
http://apps.fcc.gov/ecfs/proceeding/view?name=
14-57
• Initial comments/petitions were due August 25.
Nearly 12,000 comments/petitions filed
• Responses to comments/petitions filed Sept. 23;
Reply comments due Oct. 8
7. Government Relations Services
FCC
• Seeking conditions if approved: Cities of New York, Boston,
Dallas, Chicago, Los Angeles, Montgomery County,
Maryland, Portland, NATOA, SEATOA, Public Telecomm
Institute (PTI), and others, including groups supporting
public, educational and government access (Alliance for
Community Media and Alliance for Community Democracy
(ACD). Several technology groups and “edge providers”
including Netflix are in this category
• Seeking approval: Coalition of 50 mayors in support of the
merger, Philadelphia, amongst others.
• Full Denials: Consumers Union, Public Knowledge, Open
Technology Institute, Free Press
8. Government Relations Services
FCC
• Major conditions proposed by local gov/PEG
Conditions to close digital divide
• Enhance Internet Essentials program
• System expansions to underserved areas
Conditions to preserve “open Internet”
Conditions to protect consumers/availability of
alternative end user equipment
Conditions to protect local programming
• Allow use of PEG support for PEG operations
• Ensure PEG providers (and local governments) are able to take
advantage of capabilities of cable system
Conditions to maximize competitive entry potential
Extension of conditions to Charter/GreatLand
9. Post-Merger – National Picture
1.53% 0.85%
8.66%
Government Relations Services
48.96%
13.45%
9.22%
4.56%
1.93%
10.84%
Comcast
Charter
U-Verse
Verizon
Cablevision
Suddenlink
Mediacom
Cable ONE
All others
10. Description of the Merger
• Effectively consolidates systems and clusters:
Comcast gains in California, New England,
Tennessee, Georgia, North Carolina, Texas, Oregon,
Washington and Virginia.
Charter gains in Ohio, Kentucky, Wisconsin,
Indiana, and Alabama
GreatLand in Michigan, Minnesota, Indiana,
Alabama, Eastern Tennessee, Kentucky and
Wisconsin
Government Relations Services
11. Mergers – In the Context Of:
• Court decision striking down net neutrality rules;
FCC considering rule to allow providers to create
Internet “fast lanes”
• FCC allows VZ Wireless to sell Comcast services
outside FiOS footprint, and Comcast to sell VZ
Wireless across its territories
• Announcement of possible order classifying
linear OTT as MVPDs (???)
Government Relations Services
12. What Does Comcast Say In Response?
• No one submitted an economic study that rebutted
our submittal that the merger is good
• There is no impact on video competition, because
there is none, and there is no impact on broadband
competition
• We deal on a case by case basis with franchise
issues, so no need to establish any federal standards
to address franchising issues
• No conditions should be extended to
Charter/GreatLand (Internet Essentials dead in
Midwest)
Government Relations Services
13. What Does Comcast Say In Response?
• No improvements to Internet Essentials required or
appropriate – unrelated to merger
• No additional PEG requirements – public interest is
satisfied by extension of PEG conditions in
NBC/Universal to TWC systems; PEG conditions
unrelated to transaction
• No broadband/net neutrality conditions
• No customer service conditions because no showing
customer service will get worse because of merger
• No local enforcement of federal conditions
Government Relations Services
14. Government Relations Services
So…
• If you don’t file something, don’t be surprised if
the merger is approved without locally
important conditions
15. What Issues You Are Likely To Face –
No Matter How Issues Are Resolved
• We’ve seen the triple play and the impact on
franchise fees
The developing quad play
…the developing 5…6…7…play
• Should we be looking at 47 U.S.C. 542(h)?
(h) ….Nothing in this chapter shall be construed to limit any authority of a
franchising authority to impose a tax, fee, or other assessment… on any
person (other than a cable operator) with respect to cable service or other
communications service provided by such person over a cable system for
which charges are assessed to subscribers but not received by the cable
operator….
Government Relations Services
16. What Issues You Are Likely To Face –
No Matter How Issues Are Resolved
• What is the cable system? What about other facilities
attached to the “cable system.”
• How do we deal with a mobile population and our own
P, E & G communications?
• What are consumer rights in this multi-play world?
Rate regulation limitations v. consumer protection
• How do we deal with competitive equity (and should
we?)
• Do localities need to develop their own alternatives,
and what does the alternative look like?
Government Relations Services
17. Questions?
Government Relations Services
Joseph Van Eaton
Best Best & Krieger LLP
2000 Pennsylvania Avenue N.W.
Suite 4300
Washington, DC 20006
(202) 370-5306
Joseph.VanEaton@bbklaw.com
Editor's Notes
Justice Department won the interagency struggle with the Federal Trade Commission over who will oversee the Comcast-Time Warner Cable deal,
Deciding which agency gets to oversee the $45.2 billion deal is the first step the government had to take as it begins its review of the merger.
DOJ was seen as the best fit for the review since it handled Comcast’s acquisition of NBCUniversal.
The Clayton Act prohibits one company from purchasing another if “the effect of such acquisition may be substantially to lessen competition, or to tend to create a monopoly.”