KTLF NEWS HEADLINES
Wireless Application Form
for Local Governments
Updated January 31, 2010 (Major Update)
January 31, 2010: Jonathan has just released yet another update to the extremely popular and widely used Supplemental Wireless Application form.
This is a MAJOR update addressing the tower safety issues, including whether the current/proposed tower will meet the requirements of ANSI/TIA 222 and soils tests. Because of the FCC shot clock, consideration of these two issues now should be moved up to the planning process to ensure that if the project is approved, it can be built to meet the applicable code.
Used by governments around the country for over 6 years, this form helps governments collect relevant and necessary data to assist the government with complying with the FCC Shot Clock, and Telecom Act Sections 253, 332, and 704 data collection and analysis requirements. In California, the form also assists in determining rights under PUC Code Sections 7901 and 7901.1 related to a carriers interest in siting in the public right of way, as well as CEQA and the California Government Code.
This form is Copyright 2010 by Kramer Telecom Law Firm, PC and is free to use and modify by federal, state, and local government agencies. See the Wireless Siting Form page for more details, and download links for the updated form in four different formats (.doc; .docx, .rtf; and .pdf). A link to the download page is also on the left column of this page.
Why is this man smiling?
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This is Steve Allen, our senior field investigator.
Today, January 25, 2010, he took and passed his State of California Contractors State License Board examination to become a licensed C7 contractor.
C7 contractors are licensed by the State of California to construct low voltage communications systems, including cable television, closed circuit, telephone, and data.
Now you know why this is one happy man, and why we're so very proud of him. |
IMPORTANT
Wireless Siting Due Dates
for State and Local Governments
December 5, 2009: I've received questions from governments regarding the timing of current and new applications under the FCC's Shot Clock Order (FCC 09-99).
Paragraph 51 of the decision sets out in dense and relevant part:
Accordingly, as a general rule, for currently pending applications we deem that a "failure to act" will occur 90 days (for collocations) or 150 days (for other applications) after the release of this Declaratory Ruling. We recognize, however, that some applications have been pending for a very long period, and that delaying resolution for an additional 90 or 150 days may impose an undue burden on the applicant. Therefore, a party whose application has been pending for the applicable timeframe that we establish herein or longer as of the release date of this Declaratory Ruling may, after providing notice to the relevant State or local government, file suit under Section 332(c)(7)(B)(v) if the State or local government fails to act within 60 days from the date of such notice. The notice provided to the State or local government shall include a copy of this Declaratory Ruling. This option does not apply to applications that have currently been pending for less than 90 or 150 days, and in these instances the State or local government will have 90 or 150 days from the release of this Declaratory Ruling before it will be considered to have failed to act. We find that this transitional regime best balances the interests of applicants in finality with the needs of State and local governments for adequate time to implement our interpretation of Section 332(c)(7).
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Essentially governments have three time-to-act possibilities under the decision, which are:
(1) the government must act on NEW siting applications accepted on or after 11/18/09 within 90 days of acceptance for collocations , or 150 days of acceptance for new/other sites; or
(2) for sites ALREADY in the government's processing queue for LESS than 90 (collocations) or 150 days (new or other applications) on 11/18/09, the government starts the 90 or 150 day clocks to complete processing as of 11/18/09. This means that 
collocation applications must be acted upon on or before Wednesday 2/16/10, and new/other siting applications must be acted upon on or before Saturday 4/17/10 (presumably--but not assuredly--this date will automatically extend to the next regular business day, Monday 4/19/10); and
(3) for sites ALREADY in the governments's queue for MORE than 90 days (collocations) or 150 days (new/other sites) on 11/18/09, /if the carrier sends the appropriate notice and a copy of the decision to the government, you'll have 60 days from the date of the notice to complete the process. Whether the 'date of the notice' is the one listed on the carrier's letter, the date it was mailed or transmitted by fax or email, or dropped through the sunroof by a carrier pigeon, or the date the letter, email, fax, or bird-dropping was received by the government is unclear, but presumably actual receipt of the notice by the government would be the most appropriate date).
Legal stuff: This is not legal advice as to any specific matter. Check with your government attorney for her/his interpretation of this decision and its sub-elements because that's the only opinion that you should follow. Until and unless the ruling is stayed, modified, or scraped, you should presume that the FCC's deadlines will apply.
Wireless Application Form
for Local Governments
Updated December 16, 2009 (Major Update)
December 16, 2009: Jonathan has just released yet another update to the extremely popular and widely used Supplemental Wireless Application form.
This is a MAJOR update addressing the FCC Shot Clock decision incorporating the Sprint v. Palos Verdes Estates decision in the 9th Circuit.
Used by governments around the country for over 5 years, this form helps governments collect relevant and necessary data to assist the government with complying with Telecom Act Sections 253, 332, and 704 data collection and analysis requirements. In California, the form also assists in determining rights under PUC Code Sections 7901 and 7901.1 related to a carriers interest in siting in the public right of way, as well as CEQA and the California Government Code.
This copyrighted form is free to use and modify by federal, state, and local government agencies. See the Wireless Siting Form page for more details, and download links for the updated form in three different formats (.doc; .rtf; and .pdf). A link to the download page is also on the left column of this page.
FCC ACTS ON CTIA SHOT CLOCK PETITION
On November 18, 2009: The Commission voted today to adopt an order setting out what it considers to be reasonable time frames for state and local governments to act on tower siting applications. The Commission announced that it has determined 
that collocations applications must be decided within 90 days of (???) and applications for new and other wireless sites must be decided within 150 days of (???).
What does ??? mean? Good question. Until the actual order is clarified by the Commission (or the courts), we won't know whether they've addressed a key question: Does the clock run from when the application is filed, or does it run from when the application is determined by the state or local government agency to be complete. And while we're on the subject, what is the impact on state law processes (such as CEQA and Coastal Commission in California)? Does the application action period during the time periods outside the control of local permitting agencies?
While not reaching a decision may open the doors to state and federal courts, the Commission acknowledges that their shot clock is rebuttable in court. Of course, to get the the rebutting stage, the local government will bear the costs of litigation, without knowing whether their legal costs will be their own, or if the court will order the application/plaintiff to reimburse the local government is the presumption is, in fact, rebutted.
The Commission also declared that the existence of one carrier's service in an area does not permit a state or local to deny a subsequent application (some might call this the 'one is enough' rule). This portion of the FCC's order will have no impact in the 9th Circuit, since the 'one is enough' rule was overruled in this Circuit years ago in the MetroPCS v. San Francisco case.
The Commission's Declaratory Ruling will become effective upon the release of the decision.
If you would like to listen to the FCC's hearing (32 minutes, 9 seconds in length), you can CLICK HERE.
Click Here to download the FCC's Declaratory Ruling (PDF format).
To read the CTIA's original petition, click here (PDF format)
Government Attorneys and Planners: Kramer's Major New Guide to RF Safety Published in the Public Law Journal of the State Bar of California
October 8, 2009: The Public Law Journal of the State Bar of California has published Jonathan's article, "A Practical Guide to Radio 
Frequency Emissions Safety." The article appears in the Journal's Summer 2009 edition (Vol. 32, No. 3).
This guide discusses how local government agencies can properly and effectively deal with RF safety issues that come up in connection with wireless siting cases (primarily cell sites, but also broadcast, ham radio, and commercial two-way users, as well).
While written primarily for California public law attorneys, attorneys around the country will find many important and useful gems in the article.
The editor of the Public Law Journal has kindly granted permission for me to reproduce the article here in PDF format.
Please follow this link to download the article download page.
Getting Much Clearer on Clearwire
October 7, 2009: I'm pleased to report that I had a very productive meeting with Clearwire, held at their request, (with several follow-ups). Suzanne Toller, Clearwire's outside counsel set up the meeting. She also provided a follow-up letter that is helpful to understand Clearwire's position on many of the key points I've been discussing with governments. At her invitation, I've posted Suzanne's letter here.
I've set up a separate page to
give background information, and to link to the relevant documents, including Suzanne's letter.
I invite you to
visit the new Clearwire page and read the documents for yourself.
Please follow this link to the Clearwire page.
Cell Tower Leasing.' These teleconferences are coordinated by Lorman Education Services.
his (in)famous lecture, "I'm from the Government [Planning Department] and I'm Here to Help You" lecture to the ARRL Southwest Division Convention at the Four Points Sheraton Hotel in San Diego, California.
