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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 and new towers, and small cells.

This 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 communica-tions 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. We will describe 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 as they implement the Order, and will provide practical guidance on how they can identify, address and resolve common issues related to the Order. 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.

Runtime: 98 minutes
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Agenda

Overview of Wireless Siting Order

  • Took Effect in Spring 2015
  • Implements Section 6409(a) of 2012 Middle Class Tax Relief Act, 47 U.S.C. 1455(a)
  • Addresses Changes to Cell Towers and Antennas, Other Communications Towers
  • Requires States, Municipalities to Approve "Qualifying Changes" to "Eligible Facilities"
  • Defines What Changes, Modifications Are Covered
  • Relation to, Conflicts With FCC September 2018 Small Cell Site Order
  • Sets 60-Day Shot Clock to Act on Qualifying Changes
  • Changes Not Timely Acted on Are "Deemed Approved"

Are Wireless Siting Orders, Section 6409(a) Constitutional?

  • Federalism, Commerce Clause Limits on Federal Authority
  • Blurs Political Accountability by Feds Commandeering Local Governments

Key Aspects of Wireless Siting Order

  • Defines What Changes Are "Substantial" and Not Covered by Order
  • Special Rules for Towers, Antennas in Streets and Rights of Way
  • Order Covers Cell Tower, AM, FM, TV and Other FCC Communications Services
  • Applies to Equipment Structures, Base Stations, Transmission Equipment
  • Special Rules for Antennas on Buildings, on Other Structures
  • Order Doesn't Affect Camouflaged Towers or Towers on State, City Property
  • Zoning Laws Clearly Affected
  • Effect on State and Federal Environmental, Historic Preservation Laws
  • Building and Safety Code Compliance, Americans With Disabilities Act Unaffected
  • Sixty Day Shot Clock to Act Applications, With Tolling Provisions
  • Applications Not Tolled or Acted on in 60 Days Are Deemed Approved
  • Potential Interactions Between Section 6409(a) and Changing State Laws
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Credits

OnDemand Webinar

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at ondemandinfo@lorman.com or call us at 866-352-9540.

This course was last revised on February 7, 2019.

Call 1-866-352-9540 for further credit information.

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To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

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Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Dr. Jonathan L. Kramer, Esq.

Dr. Jonathan L. Kramer, Esq.

Telecom Law Firm, P.C.

Heads Telecom Law Firm, P.C. with offices in Los Angeles and San Diego

Attorney admitted in California and New Mexico

Wireless leasing and zoning experience for more than 20 years

Radio frequency telecom engineer for more than 35 years

Can be contacted at 310-312-9900, ext. 121 or Kramer@TelecomLawFirm.com

John W. Pestle, Esq.

John W. Pestle, Esq.

Varnum LLP

Chair of the Telecommunications Group at the Varnum LLP law firm

Since 1996 has represented property owners nationwide on cell tower leases

Has represented clients on the sale of more than 90 cell tower leases

Can be contacted at 616-336-6000, ext. 6725 or jwpestle@varnumlaw.com

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Product ID: 404889
Published 2019
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