November 4, 2011: Jonathan will moderator/presenter at the Above Ground Level Magazine Regional Conference in Hallandale, Florida (north of Miami).

This all day event includes the following topics:

For more information, and for registration, please follow this link.

The 4th Annual Santa Fe Neighbor Law Center Conference (Santa Fe, New Mexico)

December 9, 2011

Jonathan will be a panest on the session titled, "Telecommunications Controls: Federal and Local Limitations."

The session is being moderated by Kelley A. Brennan, Esq., City Project Attorney for the City of Santa Fe. The other confirmed panelist is Lindsay Lovejoy, Esq., who represetned Authur Firstenberg in his eletro-smog suit againt his neighbor.

The conference is open to the public, and is co-sponsored by the City of Santa Fe.

For more information, visit: http://www.santafenn.com/index.asp?PG=72

(Jonathan is a legal advisor to the City of Santa Fe)

September 29, 2011

Cell Tower Leases and Buyouts:  A Municipal Perspective

The teleconference will cover the principal legal issues present in cell tower leases and offers to municipalities from third party companies to "buy out" such leases.  The leases/buyout documents often pose substantial concealed risks for municipalities, including raising questions of municipal authority to enter into the transaction, generally or for the specific property at issue.  The program will cover these points, as well as such basic issues as the facilities and uses which are allowed, preventing the documents from restricting future essential municipal activities, adequate insurance, bankruptcy protections and other provisions to protect the municipality during the 30-50 year term of such documents.

Current Issues in WiMax, 4G and LTE Leases

May 26, 2011

High speed over the air broadband service for your mobile device, computer, home or office - sometimes called WiMAX, 4G or LTE service - is being rolled out across the country. For example, WiMAX is like Wi-Fi computer service, but covers an entire city or county. These new services will lead to more leases of land for communications towers because often (especially for WiMAX) an entire new set of antennas and some new towers will be required for the areas receiving the service, but some antennas will be put on existing cell towers. For many of these existing towers and the landowners who leased the land for them, WiMAX, 4G and LTE raise the issue of whether a lease amendment with increased rent is required to add the new antennas and facilities.

This live audio conference will focus on the unique aspects of WiMAX, 4G and LTE tower leases and zoning, and will help level the playing field by providing private, state and municipal wireless site owners with the expertise of two faculty members experienced in wireless leases and telecommunications matters. It will also touch on some of the other key business issues in wireless site leases, including lease rates and who gets the revenues from additional antennas or carriers being co-located at a site.

These services can have unique zoning issues which can translate into lease issues, due to differences between WiMAX, 4G and LTE providers as compared with wireless phone companies. In California and states with similar laws, required environmental reviews may have to consider the impact of the entire proposed wireless network. WiMAX, 4G and LTE companies may raise discrimination or other claims, such as claiming protection under federal cell tower zoning or telecommunications statutes, if their zoning or other results differ from those for conventional cell phone companies.

Learning Objectives

• You will be able to recognize and understand some of the unique differences between WiMAX, 4G and LTE services, especially as they relate to leases of property for their antennas and facilities.
• You will be able to describe zoning issues that can be unique to WiMAX and other antennas and potential resolutions.
• You will be able to explain key concepts which should be in WiMAX, 4G and LTE leases, so as to protect the property owner.
• You will be able to identify whether WiMAX, 4G and LTE antennas can be added to an existing tower under the current lease or whether a lease amendment and rent increase are appropriate.

What Are WiMAX, 4G and LTE Services – How Do They Differ From Traditional Wireless and WiFi?

Where Will These Services Be Provided in the Next Few Years and by Whom?

What Kinds of Towers Will Be Needed?

When Does the WiMAX, 4G or LTE Provider Have to Get a New Lease or Lease Amendment With Increased Rent to Put Its Antennas on an Existing Tower or Wireless Site?

Rent Amounts, Terms and Escalators for WiMAX, 4G and LTE

What Other Antennas and Towers Can Be Put on the WiMAX, 4G and LTE Site?

Who Gets the Revenues If Another Provider Adds Its Antenna to the Tower?

How to Address Potential Radio Interference From WiMAX, 4G and LTE

Identifying and Avoiding Camouflaged Lease Terms That Can Harm the Property Owner’s Rights and Duties

Protecting the Owner If the Provider Sells or Goes Bankrupt

RF Safety Environmental Review of WiMAX, 4G and LTE Towers and Network

Preparing for Zoning Review and Issues for WiMAX, 4G and LTE Towers

Yale University
Issues in Internet and Telecommunications Law

June 1, 2011

Jonathan will be the seminar presenter at Yale University's "Issues in Internet and Telecommunications Law" course on June 1st, 2011.

Jonathan will be teaching a full session block of telecommunications technology in light of current telecom laws as a part of the overall coursework.

This course, taught by Frederick Polner (a very well known and respected telecom attorney, himself), is

"An exploration of the myriad ways in which law and technology intersect, with a special focus on telecommunications. Topics include the Bell system monopoly, national broadband, Net neutrality, voice-over-Internet protocol, cable television, and mobile networks."

Current Issues in Cell Tower Leases

March 3, 2011: 2 hour live teleconference
1 pm ET (12 pm CT, 11 am MT, 10 am PT)

Teleconference Highlights:

The wireless industry has built more than 250,000 cell sites in the United States in the past 20 years. But many more cell sites are needed as iPhones, iPads and the like strain existing network capacity with data, email, computer and video applications, as well as to fill gaps in coverage. New cell sites and significant modifications to existing cell sites will also be needed due to the FCC's new advanced wireless services and goal of using wireless to increase broadband speeds and coverage.

This audio conference will help level the playing field by providing private and municipal property owners with the expertise of two faculty members highly experienced in cell tower and cell site leases - property owners usually are negotiating such leases for the first time, while the cell companies have teams who work exclusively on such leases.

This audio conference will focus on key business issues in wireless site leases, including lease rates, who gets the revenues from additional antennas or carriers being co-located at a site, potential underpayments by cell companies on existing sites and why rent reduction requests generally should be denied. An emphasis on the industry-specific elements and terms of modern cell site leases, and renewals and modifications of expiring leases, which are important for the property owner, their attorney and the leasing agent involved in these efforts. You will be better able to identify and resolve issues that are unique to wireless siting, including what may be included in a lease that cannot be included in a government-issued permit, site location and value, lease term and terminations, access requirements, interference regulation and mitigation, design and camouflage, and radio frequency emissions issues.

Learning Objectives

• You will be able to maintain and increase the revenues the property owner receives, and discuss the common elements of private wireless site leases on developed and undeveloped land.
• You will be able to utilize practice pointers, including key concepts, for owners of private property and their attorneys, as well as municipalities and municipal attorneys.
• You will be able to understand the basics of wireless technology and the real property, technical and technology issues that drive a wireless carrier's siting and leasing process.
• You will be able to review insurance and indemnity provisions to protect the property owner.

Faculty Information

John W. Pestle, Esq., Varnum LLP
Jonathan L. Kramer, Esq., FSCTE, BTS, BDS, BPS, Kramer Telecom Law Firm, P.C.

MCLE/Educational Credit Information

• AIA
• AICP (Pending)
• CC
• CLE
• ENG
• PMI

Who Should Attend?

This audio conference is designed for attorneys, planners, directors of development, project managers, government administrators, council and board members, land use officials, public works and utilities directors, municipal government officials, engineers, architects, surveyors and real estate professionals.