www'millervaneaton'com

1
(No Transcript)
2
Introduction

• www.millervaneaton.com
• Local Governments Concerns
• US Federal Law Requirements
• Some Examples
• Conclusion

3
Miller Van Eaton, PLLC

• Work for Local Governments in US
• Here to Help Bridge the Misunderstandings
• Important Web Sites
• Wireless Facility Siting Under the
  Communications Act http//www.millervaneaton.com/
  word_docs?IMLA_Wirless_Article.DOC
• Tower Toolkit 2002 Miller Van Eaton
  http//www.millervaneaton.com/pastfeature/feature_
  toolkit2001.html

4
The Industrys Future

• PCS Wireless Coverage Now Universal
• New Services Require More Antenna Sites (2.5 and
  3 G services)
• Extensive Fill-in Deployment in residential
  areas
• Homeland Security (PAS E911)
• Competitive Solutions--LNP Redundancy Spread
  Spectrum System Reuse
• In-Building Wireless

5
Local Government Interests

• Economic Development--we like competition and the
  jobs it brings
• Public Safety Consumer Protection--cops and
  firefighters must have priority communication
• Quality of Life--Dont take financial and
  inchoate property values away from neighbors
• Largest Single User of Telecommunications--Lets
  Do a Deal

6
Local Governments Challenges

• A. Property Issues--externalities
• 1.Disruption and Noise and Traffic
• 2. Esthetics Vs capital costs
• 3. Compatible Use Vs necessary locations
• B. RF issues
• 1. Public Fears
• 2. Real Interference with 800 MHz and other
  Public Safety

7
The Pimpling of North America-- Is a New Tower
Really Needed?
8
Guidelines

• How does a community decide a new tower is really
  needed?
• What Limits Exist on Local Discretion?
• Necessity Checklist
• Coverage
• Alternative use of other carriers facilities
  (tower service)
• Traffic density and importance of area to network
• Environmental Effects Balance
• Advance Site Planning and Coverage Studies

9
Planning for the On-slaught

• 1.Comparable Treatment for Competitors
• 2. Adequate sites Vs. Community impacts
• 3. Speedy approvals for preferred locations
• 4. Engineering Data Base to Evaluate Non-Normal
  Sites
• 5. Courts will support a reasonable decision
  based on real facts

10
US Federal Law

• 47 U.S.C. Section 332
• Wireless facilities siting
• 47 U.S.C. Section 253
• Prohibitions on barrier to entry
• OTARD Rules
• Over the Air Reception Devices

11
47 U.S.C. 332 ( c ) Placement of wireless
facilities

• Preserves local government authority to zone
• Local regulation must meet certain standards
• Federal Courts give wide discretion to local
  governments

12
332(c)(7) Requires

• timely decision
• not based on RF health or interference factors
• not unreasonably discriminatory among providers
  
• not prohibit or have the effect of prohibiting
  the provision of personal wireless services.
• based on substantial evidence

13
Trends in Court Decisions

• Local Authorities Entitled to Broad Discretion
• Moratoriums OK--but delays cannot result in No
  Site
• RF is off-limits
• Fair process, not end result, determines
  discrimination
• Split any service available? Vs carrier has
  gap?
• No Civil Rights remedy available

14
47 U.S.C. 253 Removal of Barriers to Entry

• Preempts ANY local requirements that prohibit or
  have the effect of prohibiting a company from
  providing telecommunications services.
• Exempts right of way management and compensation
  authority of local government.

15
253 and Wireless Towers

• Right of Way structures subject to normal zoning
  rules
• Subject to Right of Way Management rules also
• State Property Law determines if Local Govt. able
  to demand compensation for use of right of way
  and public land

16
Private Property Access OTARD Rules

• FCC Permits tenants to install certain antennas
  on leased premises
• less than one meter in diameter
• used to receive video programming or transmit and
  receive telecommunications signals, including
  data, voice and Internet services
• local government, homeowners association, or
  property owner can restrict placement for
  well-defined safety reasons.

17
Recent Case Studies--Best Practices

• Village of Wellington, Fl
• Jupiter Island, FL
• Montgomery County, MD
• Chatham County, GA
• Philadelphia, PA

18
Village of Wellington, Fl

• 150 FT Hurricane Tower on City Hall Fleet lot
• 500K-1.5M homes within 500 feet
• City found alternate site on Polo Grounds
• Stealth Flag Pole
• proved coverage would be equivalent
• City and 3 companies shared cost of new site

19
Jupiter Island, FL

• Ribbon barrier island community
• Average home value 3M
• Heavy foliage--need a high point of signal origin
• Mainland (outside City) limits 200 yards away
• City built Public Safety Communications Tower on
  top of City Hall
• Authorized one operator--limited footprint for
  equipment
• 2d Company Complained Discrimination
• City RF Propagation Study several adequate sites
  for coverage on Mainland

20
Montgomery County, MD

• Large, mixed density, up-scale DC Metro County
• Extensive Public Safety Wireless Towers
• Two major interstate arteries
• Moratorium for industry-County TF to identify
  existing and preferred sites.
• County zoning by right if carrier agrees to use
  pre-approved site
• All applications first reviewed by Task Force
  BEFORE going to Zoning--allowing constant
  updating of data base for co-locations and new
  issues

21
Chatham County, GA

• Metro Savannah County--Joint Zoning and Planning
  Agency
• Historic Savannah heavy vegetation
• Moratorium to
• inventory existing towers and antenna sites
• identify co-location capabilities of existing
  sites
• RF propagation study to identify holes and
  alternatives
• Today, zoning by right if agree to pre-identified
  sites
• Planning data base to refute need different site

22
Philadelphia, PA

• Metricom (Ricochet mobile data technology)
  franchise to put antenna boxes on City light
  poles
• 5 gross revenue rental fee
• Metricom bankruptcy abandons in place all
  devices
• City assumes control and negotiates new operating
  agreement with Metricom successor
• Today--free service for City mobile uses (meter
  readers, cops, firefighters, etc.) and a percent
  of revenues.

23
Looking Ahead
24
Washington, DC

• City has extensive fiber and conduit from CATV
  and Telco Franchises
• City IT upgrades in late 90s
• City considering moving all City wireline,
  internet access onto out-sourced network
• Coordinated wireless tower siting
• City seeking 30 MHz (in 700 MHz spectrum) for
  high-speed mobile data services to public safety
  and schools.

25
Metro Washington Airports Authority

• Carriers want antennae and switches on-airport at
  Dulles and Reagan.
• MWAA Concerns
• RF Interference with Airport/Security uses
• Inadequate land at Reagan for equipment
  footprints
• Growing Wi-Fi and PCS usage
• RFP for Common Facility Operator
• Available to all wireless and wireline companies
• Responsible for policing RF interference

26
Anne Arundel County MD

• Mixed Density County, extensive federal
  facilities (Annapolis, NASA, etc.)
• up-scale -- shores of Chesapeake Bay
• State capitol--concentrated, peak use of cell
  phones
• Nextel causing many dead spots in Public Safety
  800 MHz system
• County ordinance New antenna site must certify
  no interference with 800 MHz
• FCC preempts Ordinance pending Nextel spectrum
  reallocation

27
Advice to the Companies
28
The law is fundamentally on the side of local
Authorities
29
Look for a Partnership with the local Authorities

• You need speedy decisions and predictable
  outcomes
• Locals need to accommodate the real concerns of
  the community

30
Dont overstate your rights and dont bulldoze

• skeptical audience
• get political support for fast deployment
• produce the information requested
• help the authorities to gather the data they need
  to make confident decisions

31
Think about creative alternatives that will
address the communitys concerns

• co-located public safety and Gov. communications
• discounted service to local governments
• shared capital investment with E-Government and
  Government telecommunications
• participate in local public safety wireless
  studies

32
EDUCATION TOOLS ON MVE WEBPAGE

• Telecomm 101
• Wire License
• Wireless License
• Antennae Site License
• Lease language
• Checklists

33
Contact Information
Nicholas Miller nmiller_at_millervaneaton.com Miller
Van Eaton, P.L.L.C. Suite 1000 1155 Connecticut
Avenue, N.W. Washington, D.C. 20036 - 4301 phone
(202) 785 - 0600 fax (202) 785 -
1234 www.millervaneaton.com