Course Description
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 FCCs 2014 Wireless Siting Order implementing 47 U.S.C. 1455(a) that preempts state and local approval for many changes to communications towers and antenna sites, including the Orders relation toconflicts with the FCCs 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 Orders application process, the 60day 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.
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
Audience
This live webinar is designed for attorneys, directors of development, city administrators, developers, council and board members, land use professionals, municipal government officials, engineers and real estate professionals.