Municipal Regulation of Wireless Telecommunication Facilities in the Public Right of Way: Guidance for Counsel

Navigating Zoning Challenges and Interplay Between Federal, State and Local Laws

A live 90-minute CLE webinar with interactive Q&A


Tuesday, May 9, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT


This CLE webinar will prepare municipal attorneys to identify and confront complex issues related to the installation of wireless telecommunication facilities in the public right of way (ROW). The panel will examine the latest trends in the types of wireless technologies that companies are seeking to install in the ROW, the interplay of federal and state law with municipal law regulating wireless facilities, and best practices for municipalities for zoning and regulation related to the siting of wireless telecommunication facilities in ROWs.

Description

Continuing advancements in wireless telecommunications technology have led to increased requests/demands of municipalities from companies seeking to install wireless telecommunications facilities on ROWs. Many requests assert that the companies are public utilities under state law and have the right to install in the ROW, and/or that the Federal Telecommunications Act authorizes them to access the ROW.

The law in this area is murky and constantly evolving. While several federal and state laws address wireless communications services and municipalities’ rights to regulate the siting of wireless communications facilities on public and private land, most of the laws do not address the installation of wireless facilities in ROWs.

Municipal attorneys must understand the current trends, developments and effective legal approaches for addressing the installation of wireless telecommunication facilities in the ROW in order to effectively guide their clients in navigating the zoning and regulation challenges involved.

Listen as our panel of local government legal advisers discusses best practices for counsel to local governments to prepare for and deal with legal issues specific to the installation of wireless telecommunication facilities in ROWs.

Outline

  1. Current trends in the types of wireless technologies requesting access to municipal ROWs
  2. Interplay of federal and state law with municipal regulation of wireless facilities
  3. Best practices for municipal attorneys related to the siting of wireless telecommunication facilities in ROWs

Benefits

The panel will review these and other key issues:

  • What are the issues counsel to local governments must consider in determining whether a wireless telecommunications facility can be installed on a public right of way?
  • What types of restrictions can local governments impose on the installation of wireless telecommunications facilities on ROWs?
  • What are some best practices for municipal attorneys drafting zoning and other regulations governing the installation of wireless telecommunications facilities on ROWs?

Faculty

Natausha M. Horton, Esq.
Cohen Law Group, Pittsburgh & Seattle

Ms. Horton has experience in virtually all aspects of cable, telecommunications and broadband law. She has researched and developed wireless facilities ordinances for municipalities that protect residential neighborhoods, address new technologies and incorporate recent regulatory changes. Ms. Horton has also negotiated cable franchise agreements with many cable operators and has assisted municipalities in right-of-way management and fees. In addition, Ms. Horton has conducted numerous franchise fee audits in which she typically finds franchise fee underpayments for her municipal clients.

Eric J. Larson, Shareholder
Arenz Molter Macy Riffle & Larson, Waukesha, Wis.

Mr. Larson served two years as an Assistant County Attorney where he learned the role of government attorneys, from the inside. Since that time he has focused his private law practice on the representation of municipalities, from this same perspective of helping government succeed. He relishes his role as part of the municipal team, solving municipal problems, and helping his municipal clients to thrive. Mr. Larson is a regular presenter on municipal law issues and has chaired the Waukesha County Bar Association municipal section for a decade.


Live Webinar

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This webinar is eligible for at least 1.5 general CLE credits.

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