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A Comprehensive Guide to Cell and Wireless Tower Law

What cell phone facilities are going to be installed in the future and where will they go? Can visible impacts on local communities be minimized? What regulations currently stand and what new FCC regulations can be expected? These common questions and concerns will be answered in this fundamental legal course regarding the land use, zoning and leasing of cell phone towers. Get up to speed on the latest laws, issues and challenges they will undoubtedly face. Join our faculty as they shed light on the new Section 6409, Section 332(c)(7), and revised local land use and zoning codes. Register today!

  • Find out how localities are addressing the placement of antennas in the rights of way and how they are pricing access to public property.
  • Find out what you can and cannot do when denying a wireless application under Section 332(c)(7).
  • Learn what is required under Section 6409 and when it applies.
  • Gain a better understanding of the FCC environmental and historic preservation review.
  • Understand what laws need to be considered when developing wireless ordinances.

All times are shown in Eastern time
Presenters: Gerard L. Lederer, Tripp May and Joseph Van Eaton

  1. Overview of Municipal and State Developments, Hot-Button Issues and Current Trends
    10:00 - 10:45
    1. What is Happening in the Market for Wireless and its Impact on Antennas
    2. Municipal Interests in Broadband Deployment, and How Those May Affect Approaches to Tower Siting
    3. How Localities are Beginning to Respond to Those Developments and How That Requires Them to Reconsider Their Requirements as:
      1. Regulators of Facilities Placement
      2. In Application of Police Powers to Right of Way
      3. As Lessors of Property That May be Useful in Provision of Services (e.g. Electric Company Owned Light Poles)
      4. As Owners of Property That May be Useful in the Provision of Services (e.g. Traffic Signs, Light Poles)
  2. Legislative and Regulatory Background - What Laws Control and Need to Be Considered When Developing Wireless Ordinances as Regulators
    10:45 - 11:30
    1. State and Local Laws to Review
    2. Federal Laws and Regulations Governing Initial Installations
      1. Section 332(c)(7)
      2. Cable Act?
      3. OTARD/Ham Radio
    3. Federal Laws and Regulations Governing Modifications
      1. Section 6409 - What it Actually Requires, and When it Applies
    4. Key Timetables and Remedies Related to City Actions
  3. Legislative and Regulatory Background - What Laws Control and Need to be Considered When Developing Wireless Ordinances as Entity Responsible for ROW
    11:45 - 12:15
    1. What Rights Does Locality Have to Regulate Placement in the Right of Way? Do Zoning Laws Apply?
    2. What Rights Does Locality Have to Charge for Use of Rights of Way
    3. Relation of Franchise Rights and 332(c)(7) and Section 6409
  4. Case Law: Key Recent Cases Interpreting Federal Law
    12:15 - 12:45
    1. 332
    2. 6409
    3. OTARD
  5. Revising Local Land Use and Zoning Codes /Franchising Requirements
    1:15 - 2:00
    1. Ensuring Consistency with the FCC's Wireless Siting Report and Order
    2. Ensuring Consistency with Recent Court Rulings
    3. Municipal Code Enforcement and Code Violations
    4. Key Items Localities Should Consider to Protect Themselves
    5. Application Forms
    6. Filing Requirements
    7. Fee Requirements
    8. Possible Responses to Applications by Localities - What Does a Locality do to Protect Itself Against Nuisance Applications?
  6. Environmental and Historic Preservation Review
    2:00 - 2:45
    1. What Local Governments and States Can Do
    2. FCC Obligations Under NEPA and NHPA
    3. Legislative and Regulatory Background - What Laws Control and Need to Be Considered When Developing Wireless Ordinances as Lessor/Owner
  7. Cell Tower Leases: Negotiation Strategies, Red Flags and Review
    2:45 - 3:45
    1. Premises & Grant of Authority
    2. Term
      1. Typically Series Of 5 Year Terms
        1. Make Sure That it is Not Automatic, But Contingent Upon Being in Compliance with Agreement
      2. "Due Diligence Period"
      3. License Fee
      4. Base Rate ($1.5k Per Month to $3.5K Per Month)
      5. Prepaid
      6. Licensee Shall Have the Right to Sublicense with Revenue Share and Other Terms in Section 4
      7. Direct Deposit
    3. Assignment or Subletting
    4. Due Diligence Period
    5. Interference
    6. Improvements and Utilities
    7. Technical Standards
    8. Limited Access [Think Post 9/11]
    9. Events of Default
    10. Termination by Licensee
    11. Insurance, Release and Hold Harmless; Casualty and Condemnation
    12. Taxes
    13. Notices
    14. Quiet Enjoyment, Title and Authority
    15. Hazardous Substances
    16. Assignment to Affiliate
    17. Successors and Assigns
    18. Entry by Licensor
    19. Previous Licenses
    20. Waiver of Licensor's Lien
  8. Miscellaneous
    4:00 - 4:30
    1. Attorney Fees
    2. Truthful, Customary and Reasonable Estoppel Information as the Other May Reasonably Request
    3. Entire Agreement
    4. No Liability for Broker/Agent Fees
    5. Cooperation with the Other in Executing Any Documents (Including a Memorandum or Short Form of License and/or Easement Agreement) Necessary to Protect its Rights Under This License
    6. Accordance with the Laws of the County and State in Which the Premises are Located
    7. Severability
    8. Mortgage Subordination
    9. Limitation on Liability
    10. RF Signage and Notices
    11. Amendments
    12. No Relocation Assistance
    13. Time is of the Essence
  9. Legislative and Regulatory Proceedings and Technological Changes to Watch Out For
    4:30 - 5:00

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