May 16 – Telecommunications – TC2
Cell Tower Zoning: Operating within the Federal Law, FCC Regulations, and Court Decisions
Speakers: John W Pestle and Jonathan Kramer
As federal law and FCC regulations carve more deeply into local government zoning authority, and federal courts hand down decisions interpreting those law and regulations, cell tower zoning and regulation by state and local governments has materially changed. The new FCC Wireless Siting/6409(a) rules; the FCC Shot Clock; new-builds of macros, small cell, and DAS sites creates new challenges for local governments to balance the federal rules with preservation of local land use controls. Governments around the country are in the process of altering their local processes to comply with the new legal reality. This 90-minute webinar, presented by two national experts, will provide a summary and overview of the Federal law of cell tower zoning, including: (1) Key court cases, principles and practical advice from the two decades since Congress passed the 1996 cell tower zoning amendments; (2) the 2012 Federal statute (Section 6409(a)) as recently interpreted by the FCC; (3) the current FCC Notice of Proposed Rulemaking on radio frequency emissions safety standards; and (4) dealing with the wireless industry under the new rules. This live webinar, taught by John Pestle, Esq. and Jonathan Kramer, Esq. (highly experienced local government telecommunications attorneys) includes two narrated PowerPoint presentations, an 85+ page paper summarizing many of the relevant cases and proceedings, and substantial practical guidance for municipal attorneys dealing with wireless tower siting ordinances and planning matters. A lively and interactive Question and Answer session will follow the presentation.
***This Webinar is 90 minutes***
John W. 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/cell-phone-tower/
Jonathan Kramer is the principal attorney of Telecom Law Firm in Los Angeles. Since 1984 as a consultant, and 2006 as an attorney, he has advised more than 800 government agencies regarding wireless and broadband matters. Kramer co-authored and edited the FCC’s publication for local government officials on radio frequency emissions safety, and at the request of the FCC he is presently revising and expanding it. Kramer holds a number of FCC licenses and telecom industry engineering certifications. Mr. Kramer is admitted to practice in California and New Mexico, and holds a LL.M degree in Information Technology and Telecommunications Law