January 7 - Telecommunications (120 minutes)
New FCC Small Cell Zoning Rules Recap
The FCC will soon be issuing orders regarding "small" cell towers and towers in the rights of way, and to some extent cell tower zoning generally. Municipal rights and authority are expected to significantly affected. The program will provide a summary of the orders with suggestions on how to proceed from John Pestle, Esq. and Jonathan Kramer, Esq., both highly experienced local government telecommunications attorneys.
Among the items the FCC has under consideration are:
- All shot clocks 60 days
- Deemed granted remedy for exceeding 60 days
- Moratoria prohibited
- Consideration of alternative sites limited
- Limiting aesthetic conditioning or denials
- Utility undergrounding laws preempted
- Few, low or no fees to use rights of way, public property
- "Clarification" of the FCC's 2014 Wireless Siting Order on modifications to existing cell sites.
Handouts will include PowerPoints and copies of the relevant FCC orders. A lively and interactive Question and Answer session will follow the presentation. Contents of presentation are subject to change.
Speaker: John Pestle & Jonathan Kramer
John Pestle is the Chair of the Telecommunications Group at the Varnum law firm, and is admitted to practice in Michigan and Arizona. He represents municipalities and private property owners nationwide on cell tower leases and zoning and other telecommunications matters.
John is a graduate of Harvard College, Yale Graduate School, and the University of Michigan Law School. Among his many qualifications, John held an FCC license to work on radio, TV and ship radar transmitters and was Chair of the Municipal Lawyers Section of the Michigan Bar. He has received the "Member of the Year" award from the National Association of Telecommunications Officers and Advisors, and a "Special Award of Merit" from the Michigan Municipal League for his work representing municipalities on cable and telecommunications matters. For the Varnum web page on cell towers go to www.varnumlaw.com/celltower and for John's cell tower blog go to www.varnumlaw.com/blogs/cellphone-tower/
Dr. Jonathan Kramer heads Telecom Law Firm P.C. in Los Angeles and San Diego. Jonathan started his telecom career right out of college in the late 1970s as a radio frequency engineer. He now has over 35 years of telecom engineering experience. For more than 25 years, Jonathan has served over 1,000 private and government clients as a wireless technology and deployment advisor, compliance inspector, and telecom site lease negotiator. After attending law and earning his JD, in 2006 Jonathan was
admitted in California as a lawyer, and in 2013 he was admitted to practice law in New Mexico (2013). The co-author and co-editor of the FCC’s national guide to radio frequency transmission safety guide, Jonathan is an expert on RF emissions safety and related regulations, as well as telecom site design matters. He also has bas been a testifying witness or trial advisor in over 40 wired and wireless cases. Jonathan holds five FCC licenses and license endorsements, and also holds a communications
contractor license in California.
In 2013, Jonathan was awarded a Masters of Law in Telecom Law degree from Strathclyde University in Glasgow, Scotland. Completing his academic education, he was hooded as a Doctor of Law and Policy at Northeastern University in 2016.