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NEW FCC Small Cell Tower and Zoning Order - Webinar

  • ID: 4745905
  • Webinar
  • February 2019
  • Region: Global
  • Lorman Business Center, Inc.
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Learn about the new FCC rulings that significantly affect small cell towers, cell towers on municipal property, and cell tower zoning.

This information covers new FCC rulings in August and September which significantly affect cell tower leasing and permitting by municipalities, especially for small cell towers in the rights of way and shot clocks and fees to act on cell zoning requests.

The rulings are intended to aid the rapid deployment of new 5G cell sites nationwide, by preempting state and local laws and practices which the FCC views as hindering this deployment. As a result of this webinar, you will understand these new FCC rulings, their background and impact, options for municipalities on how to respond, as well as the bases for legal challenges to these rulings.

Learning Objectives
  • You will be able to identify challenges to the rulings.
  • You will be able to discuss the major changes for small cells in the rights of way, including timing, fees and aesthetics.
  • You will be able to explain the new shot clock for collocations, and fee limits that apply to cell zoning requests.
  • You will be able to recognize the need to issue all building permits within the shot clocks.
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Overview of 5G, Small Cells That New Order Promotes
  • What Are 5G and Small Cells?
  • What Can They Do?
  • What Do Small Cells Look Like?
  • How Many Thousands of Small Cells Will There Be?
  • Why Not in Rural Areas?
New FCC Order on Small Cells in Streets
  • 60/90 Day Shot Clock
  • All Approvals Within Shot Clock
  • Application Fees for All Permits Limited to $100 Total
  • Annual Fees Limited to Costs, $270/Year Presumed Ok
  • Aesthetic Conditions Limited
  • Preceding Applies to Antennas on City Traffic Lights, Street Lights, Utility Poles
Zoning and Other Changes in New FCC Order
  • New 90 Day Shot Clock for Antennas on Any Existing Structure
  • Cities Must Grant All Permits, Zoning and Other Approvals W/in Shot Clock
  • Caps Total Application Fees to $100 for Cell Towers on Parks, City Hall, etc.
  • Providers Will Argue Caps Apply to Cell Towers on Private Property
Challenges to New FCC Order
  • Order Has Been Appealed
  • Violate Federal Statutes
  • Is Outside FCC's Expertise, Not Subject to Deference by Courts
  • Takes Municipal Property Without Compensation
  • Violate Federalism, Make Cities Take Blame for Federal Actions
Analysis of, Response to New FCC Order
  • Will Save Providers/Cost Cities $2 Billion in Fees
  • Supposedly to Get 5G to Rural Areas, but No Requirement to Do so
  • Suggestions for Cities on How to Respond
FCC No Moratoria Order
  • Bans Anything That Effectively Halts or Suspends the Acceptance, Processing, or Approval of Applications or Permits
  • Holds That Various Exceptions Protecting Municipalities Do Not Apply
  • Challenges to "Moratoria" Go to the FCC in Washington, Not to Local Courts
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Dr. Jonathan L. Kramer, Esq. - Telecom Law Firm, P.C., John W. Pestle, Esq. - Varnum LLP
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This 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.
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