Cell & Wireless Tower Law


Re-Broadcast on December 21, 2017

In recent years there has been massive growth in cellphone masts or antennas, 4G networks and other technologies. Additional cell towers and sites are constantly being sought or changed to support the equipment needed to meet increased demand.

Municipalities are increasingly involved in two separate and distinct transactions involving cell phone towers, distributed antenna systems (DAS), and other wireless devices siting: regulatory approval and possible negotiating leases for deployment of these wireless devices on government property. For counsel representing local governments and wireless providers, challenges that arise in wireless site leases include lease rates, revenue distribution, and environmental and zoning issues. Regulatory burdens are also changing with the enactment of FCC shot clocks and collocation fast tracks pursuant to the FCC’s 6409(a) rules as upheld recently by the 4th Circuit Court of Appeals.

Moreover, development of DAS systems involving access to rights-of-way creates complicated issues surrounding the intersection of zoning, right-of-way regulation and proprietary issues. DAS providers and local governments around the country are seeking solutions to these challenges.

Listen as our panel of local government legal advisers discusses best practices for counsel to local governments to prepare for and deal with issues specific to cell towers and site applications and leases.

Key topics to be discussed:

•   Developments driving deployment
•   What law governs the placement of wireless facilities?
•   Key issues in managing placement and design of wireless facilities
•   Do's and don'ts in managing wireless placement
•   Leasing facilities to wireless providers

Date / Time: December 21, 2017

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific
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•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
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ledererJoseph Van Eaton represents government agencies on a broad range of communications issues in federal and state courts, before federal and state agencies, and at the negotiating table. Mr. Van Eaton is a partner in Best Best & Krieger LLP’s Municipal Law practice group in the firm’s Washington, D.C. office. Prior to joining the firm in 2011, he was a founding partner of Miller & Van Eaton, a nationally-recognized telecommunications law firm.

Mr. Van Eaton has helped communities develop wireline and wireless communications ordinances, negotiated franchises for cable and telecommunications service providers, assisted communities in developing their own communications networks, and successfully defended local government efforts to establish and operate municipally-owned systems. He has been a leading advocate for local governments before the FCC, including in key rulemakings affecting local authority to regulate placement of wireless facilities. Mr. Van Eaton has been involved in development of publicly-owned and non-profit broadband networks.

Mr. Van Eaton has significant litigation and appellate experience, and has successfully argued cases in most of the U.S. Courts of Appeal and before several state Supreme Courts.

Mr. Van Eaton received his law degree, cum laude, from the University of Pennsylvania in 1979 and his undergraduate degree, magna cum laude, from Syracuse University in 1975. He is a member of the Bar of the District of Columbia, and a member of the Federal Communications Bar Association.

van-eatonGerard Lavery Lederer has a unique background as both a nationally recognized telecommunications lawyer and a registered federal lobbyist, which allows him to give clients unparalleled service in a field built on complex and technical regulations. Prior to joining Best Best & Krieger LLP as a partner in the Municipal Law practice group in Washington, D.C., Gerry was an attorney with Miller & Van Eaton, a highly regarded telecommunications law firm.

Gerry advocates for public and private property owners regarding issues of law and policy arising from federal and state communications legislation and regulation. He is also one of the nation’s leading authorities on marketplace solutions for the integration of technology into commercial and public real estate. He authored “Critical Connections” and “Wired for Profit,” two leading guides on the integration of telecommunications technology into office buildings. He developed the first model license agreements for access to buildings and rooftops to help telecommunications service providers and property owners protect their interests.

Gerry serves as legislative counsel for TeleCommUnity, a collection of local governments dedicated to ensuring respect for local rights in federal legislative activity.

As a registered federal lobbyist, Gerry has both public and private sector advocacy experience. He served as executive director of advocacy and research advancement for the Building Owners and Managers Association, International and executive director of government affairs for the United States Telephone Association.

Since arriving in Washington, D.C. in 1985 as the City of Philadelphia’s Washington advocate, Gerry has served as Washington legislative counsel to a number of local governments and agencies, including as lead advocate for local governments on infrastructure issues and as general counsel of the United States Conference of Mayors. Prior to his career in Washington, he served as the chief deputy city commissioner for the City of Philadelphia. This position oversees the city’s voter registration and election day. He is a member of the Federal Communications Bar Association.

Gerry is admitted to practice law in the State of New Jersey and the District of Columbia, and is an inactive member of the bar of the Commonwealth of Pennsylvania.

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Section I. Overview – Developments driving deployment

Section II. What law governs the placement of wireless facilities?
a) Summary of federal statutes and regulations
b) How state and local laws relate to the federal statutes and regulations

Section III. Key issues in managing placement and design of wireless facilities
a) Under What Circumstances Can an Application Be Denied?  Under What Circumstances Must it Be Approved?
b) Can Use of the Right of Way Be Limited or Controlled?
c) Addressing Changes in Technology

Section IV. Do’s and don’ts in managing wireless placement

Section V. Leasing facilities to wireless providers
a) Understanding the Terms of a Deal by Working Through a Traditional Agreement