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

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

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, October 24, 2019

Recorded event now available

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Program Materials

This CLE webinar will prepare municipal attorneys to identify and confront complicated 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 local laws regulating wireless facilities, and best practices for municipalities for zoning and regulation related to the siting of wireless telecommunication facilities in ROWs.

Description

Companies installing wireless telecommunications facilities are increasingly requesting/demanding that municipalities allow them to use the public ROW. Many requests assert that the companies are public utilities under state law, giving them 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 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 do not address the installation of wireless facilities in ROWs.

Although the FCC did release its Wireless Infrastructure Third Report and Order and Declaratory Ruling to clarify the scope of Sections 253 and 332(c)(7) in September 2018, open questions remain. Municipal attorneys must understand the current trends, developments, and practical legal approaches for addressing the installation of wireless telecommunication facilities in the ROW to 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.

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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 ROW?
  • 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

Gallucci, Anita
Anita T. Gallucci

Atty
Boardman & Clark

Ms. Gallucci advises municipalities that own electric distribution systems on all facets of the energy business,...  |  Read More

Larson, Eric
Eric J. Larson

Shareholder
Municipal Law & Litigation Group

Mr. Larson served two years as an Assistant County Attorney where he learned the role of government attorneys,...  |  Read More

Potter, Julia
Julia Potter

Attorney
Boardman & Clark

Ms. Potter practices with Boardman & Clark, LLP in Madison, Wisconsin and is a member of the firm’s municipal...  |  Read More

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