Cell Tower Zoning: Overview and Current Issues

This OnDemand Webinar will describe the major elements and issues under the 1996 Federal cell tower zoning statute, including the FCC’s 2009 shot clock rule setting 90/150 day deadlines to act on zoning applications, the pending FCC Notice of Inquiry on cell tower zoning, the major federal zoning cases involving cellular towers and practice pointers on how municipalities can successfully handle cell tower zoning cases. You will gain a useful understanding regarding wireless communications technology for nontechnical staff, including overview discussions of cellular, PCS, DAS and WiMAX provided by wireless carriers. This OnDemand Webinar will also provide specific methods to deal with RF safety considerations. You will come away with knowledge of the major current issues and practical advice on how to handle and defend cellular tower zoning applications.

Learning Objectives
•You will be able to identify the basics of wireless technology for municipalities and municipal attorneys.
•You will be able to discuss practice pointers for municipalities, providers and their attorneys on complying with the Federal statute and FCC orders.
•You will be able to review the FCC shot clock order and its practical implications for municipalities and providers.
•You will be able to define the current federal law and issues on cellular tower zoning.
•You will be able to discuss practice pointers for municipalities, providers and their attorneys on complying with the Federal statute and FCC orders

Authors

Agenda

Background and Overview of Federal Law on Cell Tower Zoning, Current Proposed Changes, 1996 Federal Law Changes

Current Federal Law and Issues on Cellular Tower Zoning

• Which Statute Applies?
• Providers Major Claims
• Substantial Evidence Standard of Review
• Aesthetics, Effects on Property Values and Other Allowable Factors
• Consideration of Alternate Sites and Ways of Serving the Area
• What Is a Gap in Coverage or Prohibition of Service?
• The Requirement for a Written Decision and a Written Record
• Exclusion of Health Concerns and RF Emissions From the Proceeding

Remedies the Bigger Risk for Municipalities

• Remedy of Injunction Allowing Tower to Be Built as Proposed
• Remand for Further Proceedings
• U.S. Supreme Court Ruling

FCC 2009 'Shot Clock' Order on Cell Tower Zoning

• Update on Court Challenge to Order
• 150 Days to Decide on Zoning Applications for New Towers
• 90 Days for Additional Antennas on Existing Towers
• Applicability to Incomplete Applications, Requests for Additional Information
• Applicability of Time Limits to Administrative Appeals
• Overturn Court Decisions That There Is No Gap in Service If Any Provider Provides Service in Area

FCC 2011 Notice of Inquiry on Cellular Zoning Matters

No Federal Cell Tower Backup Power Requirement

Practice Pointers for Municipalities and Municipal Attorneys

• Compliance With State Zoning Rules
• Review of Coverage Maps and Quality of Service
• Record of Case vs. Written Decision
• Exclude Comments on Radio Frequency Emissions and Their Health Effects
• Good Ways to Comply With the Written Decision Requirement
• Know the Remedy Rule for Your Circuit and Act Accordingly

Basics of Wireless Technology for Municipalities and Municipal Attorneys

• Coverage vs. Capacity Issues
• Traditional Wireless Sites vs. Distributed Antenna Systems
• Alternative Site Analysis
• RF Safety Compliance Analysis to Determine Compliance With FCC Rules
• Site Camouflage Techniques and Considerations
• 700/2100 MHz Band Technology Considerations
• WiMAX Deployment at Cellular and PCS Wireless Sites
• Future Technologies And Related Legal Considerations

Additional Formats