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.”
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.
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.
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.
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.
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.
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.
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.
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 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
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 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
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
Background on cell tower growth, current and developing framework for managing wireless development, planning for the future and negotiating leases and licenses for facilities.
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/
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.
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.
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 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
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 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
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
Background on cell tower growth, current and developing framework for managing wireless development, planning for the future and negotiating leases and licenses for facilities.
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/
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.
Cyber Summit 2016: Issues and Challenges Facing Municipalities In Securing DataCybera Inc.
The City of Calgary is responsible for providing municipal services to 1.1 million people and 16,000 employees with more than 700 sites and critical infrastructure units. The municipal services represent a $60B asset base including water and wastewater treatment plants, light rapid transit, emergency services, roads and recreation facilities, and has revenue and procurement streams of $4.0B annually. During his tenure, Owen Key, Chief Security Officer and the Chief Information Officer for the City, has implemented enterprise systems for CCTV, access and ID control, physical security information management systems, and has responsibility for information security.
Seminar presentation on Indian telecom Industry. Covers all the latest data in FY16 and all important issues and theories in brief. Further details in depth have to get derived from several sources.
2016
Rashmi Ranjan Moharana
M. Sc. (Agri.)
University of Agricultural Sciences, Bengaluru.
This presentation have been made by ISBM Kolkata, students.This is basically on the reforms of Indian Telecoms Industry after liberalization.Industry analysis is the backdrop throughout the presentation 7 then emphasis on a particular company.
A survey of state and local government employees to identify the top challenges facing their organizations. Launched in conjunction with Route Fifty and the Government Business Council.
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.
How Do Municipalities Comply with the FCC’s New Rule on Small Cell Wireless D...Meyers Nave
California municipalities are constantly faced with a changing regulatory framework related to the next generation of wireless services, known as 5G, which requires installing vast numbers of small cell equipment. These new networks present completely different local regulatory issues than the 3G and 4G networks of the past, which involved constructing large towers with a coverage range of a few miles. Supporting advanced 4G and new 5G requires telecommunications companies to build thousands of small cells at a faster pace with a far greater density of deployment. Municipalities’ policies and ordinances must keep up with this fast-changing technology.
The FCC recently adopted a new “Declaratory Ruling and Third Report and Order” that interprets provisions of the Telecommunications Act of 1996 to preempt local regulations that effectively prohibit the deployment of small cell wireless infrastructure in local communities. The FCC Ruling includes broad definitions of the types of local regulations that would be presumed to constitute an impermissible effective prohibition of wireless services, and establishes the applicable “shot clock” timelines by which local agencies must take action on small cell deployment applications.
Meyers Nave attorneys Jason Rosenberg and Claire Lai provided a webinar that explains the important new obligations for California municipalities. Their webinar covers rule violation, fees & charges, non-fee requirements, shot clocks, and grandfathering.
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.
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.
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/.
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
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
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/
3. Telecommunications Law
Summary of Key Areas of Activity
• Legislative
Internet Tax
Mobile Now
• Dig Once
• Rewrite of 332(c)(7)
FCC Reauthorization
Broadband Regulation
FCC Confirmation Votes
Broader Rewrite of Federal Law?
• The Courts
Net Neutrality
Section 621
Municipal Provision of Services
• FirstNet
• FCC
Set Top Boxes
Independent Programmers
Universal Service (E-Rate and Lifeline)
OTT
• Fees and carriage
Wireless
• 6409
• OTARD
In Writing
Special Access/Business Data
• Local Application of Federal and State
Rules
Wireless siting
Broadband Deployment
Franchising
Closed Captioning PEG
4. Telecommunications Law
Federal Legislative Actions
•Pending/ Planned Legislation May:
Threaten/Enhance Local Revenue Streams
Further Limit Local Authority Over Wireless
Siting
Create Potential for New Infrastructure
Costs/Regulation
Remove Protections Created By FCC Net
Neutrality Rules
Affect Ability of FCC To Function
• FCC Reauthorization (S. 2644)
• FCC Confirmations
5. Telecommunications Law
Federal Legislative Actions(cont’d)
• Examples:
Permanent Internet Tax Freedom Act (47 U.S.C.
§151 note) – became law 2/2016
Taxation of Sales of Services/Products Via the
Internet (S. 851) or Wireless Services (H.R. 4287)
Broadband Regulation
Mobile Now (S. 2555)
• Dig Once
• Rewrite of 332(c)(7)
• Prospects – 2016 and Beyond
6. Telecommunications Law
FCC Actions
•Overview: pending proceedings
have significant potential impact
on consumers and competition;
industry consolidation; localities
as service buyers; the digital
divide and muni broadband
provision
7. Telecommunications Law
Consumers and Competition
“Set Top Box” Notice of Proposed Rulemaking: In the Matter of Expanding
Consumers’Video Navigation Choices Commercial Availability of Navigation
Devices MB Docket No. 16-42 CS Docket No. 97-80 (released Feb. 18, 2016)
• FCC proposes to require cable industry to provide information that would
allow third parties to sell fully functional set top boxes, eliminating
significant costs associated with equipment rental
• Highly controversial – industry is seeking from local govs
• May reduce cable service prices – but adversely affect franchise fees
Independent Programmers Notice of Inquiry: In the Matter of Promoting the
Availability of Diverse and Independent Sources of Video Programming, MB
Docket No. 16-41 (released Feb. 18, 2016)
• Asks how FCC should promote independent programming – including PEG
• PEG/Municipal interests are seeking rights to HD, and to placement on
channel guides (particularly important in state franchising states)
8. Telecommunications Law
“Over the Top” – what rules
apply to Internet video?
• Promoting Innovation and Competition in the Provision of
Multichannel Video Programming Distribution Services,
Docket No. MB 14-261 (when is OTT a video service/cable
service)?
• Petition for the FCC to Enforce Merger Conditions and its
Policies, MB Docket 10-56, GN Docket 14-28 (March 2,
2016)
FCC asked to declare Comcast’s “Stream” service
violates net neutrality
Comcast argues Stream is a cable service
• Decisions may determine whether cable op video delivered
to cable modems is subject to franchise fees
9. Telecommunications Law
Mergers
Two major pending mergers:
Charter/Time Warner (MB Docket 15-
149);
Altice/Cablevision (WC Docket 15-257);
• FCC could require significant upgrades,
and address digital divide if mergers
approved;
Locals can affect conditions (but FCC
may issue decisions soon)
• Key for locals: be familiar with conditions
and insist on compliance.
10. Telecommunications Law
Lifeline
•Lifeline Broadband Service:
Lifeline and Link Up Reform and
Modernization, WC Docket No.
11-42 (Mar 31, 2016) (decision
not yet released)
FCC announced decision subsidizing low-
income Internet access
May be important to muni deployment;
may allow aggregation of demand
11. Telecommunications Law
Localities as Consumers
FCC expected to issue a Further
Notice of Proposed Rulemaking on
April 28 that may deregulate rates
for business data services
Revision may remove rate
protections now benefitting some
local governments as consumers of
communications services
13. Telecommunications Law
Time Table
DATE EVENT
April 19 Independent Programmer NOI Reply Comments
April 22
May 23
June 6-10
Comments in Set Top Box
Reply Comments in Set Top Box
Ex Parte Dates for Set Top Box
April 28 Release Rewrite of Special Access Rules/Business Data
Services
Comments and Reply Dates to be Determined
May 26, 2016.
June 10, 2016.
In Writing Proceeding
Comments are due
Reply comments due
14. Telecommunications Law
FirstNet
• Created by the Middle Class Tax Relief and Job
Creation Act. (2/22/12)
• Mission: For no more than $7 billion to build, operate
and maintain a high-speed public safety nationwide
wireless broadband network. (Ops funded by user fees.)
• Goal: provide a single interoperable platform for
broadband emergency and daily public safety
communications.
• States should be coordinating with localities on issues
surrounding FirstNet.
15. Telecommunications Law
FirstNet (cont’d)
• On January 13, 2016 FirstNet issued a Request for Proposals
(RFP) for nationwide public safety broadband network.
• Deadline for responses has been extended until May 31.
• Once Network and pricing are established and shared with
each Governor, states will have 90 days to opt in, or build
their network to coordinate with FirstNet.
• This could happen rapidly – with state decision by July 2017,
state RFPs by July 2018, and deployment beginning on fed
system by Fall 2017.
Following state’s decision, locals may have to determine what
rights/obligations are with respect to purchasing services
Potentially significant budget impacts
16. Telecommunications Law
Judiciary: Key Cases To Watch
• Net Neutrality - U.S. Telecom Association, et al. v. FCC, et
al., (D.C. Cir. No. 15-1063) – argued December, 2015
Many observers believe decision may be mixed
Decision likely imminent; likely to go to Sup. Ct.
Outcome may affect local debates regarding whether to build
publicly owned broadband networks
• Municipal Provisioning: State of Tennessee et. al. v. FCC,
(6th Circuit No. 15-3291) – argued March 2016
Challenges FCC order preempting TN and NC state laws
restricting municipal competition in provision of broadband
services
If FCC affirmed, may assist muni entry elsewhere
17. Telecommunications Law
Judiciary: Key Cases To Watch(cont’d)
• Franchising: Montgomery County Md. V. FCC No. 08-3023 (6th Cir. appeal of FCC
2d Order and Recon Implementing Section 621) – May Decide:
Can operators treat value of services to schools as a franchisee fee?
Are localities limited to regulating “cable services” in cable franchises?
Are level playing field clauses enforceable?
• Franchise Fees: City of Eugene v. Comcast of Oregon II, Inc.. S062816 (pending
decision before Or Sup Ct); decision below, 263 Or App 116, 333 P3d 1051 (2014).
Appeal upheld RoW fee on Internet; Comcast claims Cable Act preempts
• Rate Regulation: NATOA et al. v. FCC, D.C. Cir. , appeal of FCC Order
Concerning Effective Competition; Implementation of Section 111 of the STELA
Reauthorization Act, Final Rule, MB Docket No. 15–53, FCC 15–62, 80 Fed. Reg.
38001 (July 2, 2015). (Order effectively deregulated rates even where cable ops do
not face effective competition)
• Broadband: Cox Communications Arizona v. Tempe, Case 2:15-cv-01829-JJT,
(U.S.D.C. Az)(filed September 14, 2015): Tempe (Cox claims) inter alia violates
first amendment and equal protection by providing favorable permitting to Google
Fiber
18. Telecommunications Law
Local Application of State and
Federal Rules
• Wireless Siting:
4th Circuit upheld FCC rules/federal law requiring
localities to approve modifications to base station
and towers that do not involve a significant change
in physical dimension of base station or tower.
Decision: Montgomery County v. FCC, 811 F.3d
121 (4th Cir. 2015)
Advisable for practitioners to read FCC briefs
19. Telecommunications Law
Section 6409(a) (47 U.S.C. §1455)
(a) Facility modifications.
(1) In general. Notwithstanding… any other provision of law, a
State or local government may not deny, and shall approve, any
eligible facilities request for a modification of an existing wireless
tower or base station that does not substantially change the
physical dimensions of such tower or base station.
(2) Eligible facilities request. For purposes of this subsection, the
term “eligible facilities request” means any request for
modification of an existing wireless tower or base station that
involves—
(A) collocation of new transmission equipment;
(B) removal of transmission equipment; or
(C) replacement of transmission equipment.
20. Telecommunications Law
FCC Rules 47 CFR § 1.40001 –
Definitions
1. Substantial Change
Towers other than RoW towers, modification:
• Increases height by more than 10% or 20 feet whichever is
greater
• Appurtenance added protrudes from body of structure more
than 20 feet or width of tower at pt. of attachment
All other support structures, modification
• Increases height by 10 feet or 10%, whichever is greater
• Appurtenance added protrudes more than 6 feet
Height measured from facility as it exists as of date of
passage of Act (2012)
21. Telecommunications Law
FCC Rules 47 CFR § 1.40001 –
Definitions (cont’d)
1. Substantial Change For towers and base
stations in RoW:
• New equipment cabinets if there are none, or involves
placement of cabinets 10% greater in height or overall
volume than other cabinets associated with structure
All other eligible support structures:
• Installation of more than four equipment cabinets
It entails any excavation or deployment outside of
site
It would defeat “concealment elements” of the
“eligible support structure”
22. Telecommunications Law
1. Substantial Change
It does not comply with conditions associated with
siting approval…but limitation does not apply to
any modification that is non-compliant only in a
manner that would not exceed thresholds identified
in (i)-(iv).
2. Tower: structure built for sole or primary
purpose of supporting FCC licensed or
authorized antennas and associated facilities.
FCC Rules 47 CFR § 1.40001 –
Definitions (cont’d)
23. Telecommunications Law
3. Base Station
Equipment associated with wireless comm. service
Antennas, coax, backup power supplies
“any structure other than a tower” that at time of
application was supporting or housing the above.
4. Existing: A constructed tower or base station
that has been “reviewed and approved under the
applicable zoning or siting process or under
another State or local” process, except towers
not in a zoned area when built, but lawfully
constructed (non-conforming uses?).
FCC Rules 47 CFR § 1.40001 –
Definitions (cont’d)
24. Telecommunications Law
5. Eligible Support Structure is any Tower or Base
Station
Key Notes:
• Does not preempt generally applicable safety and
health codes
• Does not apply to proprietary property of
community
• Reaches all wireless facilities – including Wi-Fi
deployments
• Does reach Distributed Antenna Systems (DAS) &
Small Cells
FCC Rules 47 CFR § 1.40001 –
Definition (cont’d)
25. Telecommunications Law
• Wireless networks are densifying; there is a
growing demand for WiFi; new technologies
combine WiFi and cell technologies
How should ordinances address siting of wireless
facilities v. cell facilities
How do you manage and control process for
obtaining access to RoW and other property?
How will developments in other areas (connected
vehicles) affect polici
Real World Issues Facing Localities
26. Telecommunications Law
Real World Issues Now Facing Localities
• How do you implement new FCC regulations?
Can localities allow sensible deployment of DAS
and small cells in a way that protects against
expansion of facilities that were meant to be
unobtrusive?
In areas that are underground, is there a way to
provide for deployment that is fair to providers, but
limits deployment?
How should localities respond to real estate plays?
27. Telecommunications Law
• Who Needs a Franchise: wireless? Cable?
Telephone? Data Networks?
• What fees can be imposed?
• Can franchising be used as a way to address
digital divide/deployment issues?
Philadelphia: as part of resolution of past issues,
Comcast agrees to expand programs for provision
of Internet access to low income households
Franchising Issues
28. Telecommunications Law
• There are many significant developments that
could impact local planning/economic
development/financial resources
• Those developments will require local counsel
to carefully review existing ordinances and
policies (reactive), but local counsel and
communities may also benefit from a proactive
approach, by participating in major proceedings
and shaping legislative agendas
Conclusions
29. Telecommunications Law 29
Joseph Van Eaton
Joseph.VanEaton@bbklaw.com
Best Best & Krieger
2000 Pennsylvania Avenue N.W.
Suite 5300
Washington, DC 20006
Phone: (202) 785-0600
Fax: (202) 785-1234
Cell: (202) 486-0770
Website: www.bbklaw.com
Questions?
Gerard Lavery Lederer
Gerard.Lederer@bbklaw.com
Best Best & Krieger
2000 Pennsylvania Avenue N.W.
Suite 5300
Washington, DC 20006
Phone: (202) 785-0600
Fax: (202) 785-1234
Cell: (202) 664-4621
Website: www.bbklaw.com