This is where we keep the old headlines and other items that formerly graced the front page of TelecomLawFirm.com during 2009.
See, we're not hiding our older stuff, but we're not filling up the front page with it, either.
Kramer Telecom Law Firm, P.C. (KTLF) is a very unusual law firm that combines decades of radio frequency, cable TV, broadband, fiber technology, and right-or-way management experience with practical law knowledge in those technology areas to provide our clients with real solutions to their matters.
2009 KTLF Stories Archive
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OLDER KTLF NEWS HEADLINES
2010 Archive Major Issues in WiMAX Tower Leases and Zoning
July 8, 2010 at 1:00 p.m. EDT: Jonathan and John W. Pestle will, once more, be co-presenters at Lorman's "Major Issues in Note that continuing education participation units/credits are available for these seminars: AICP (Pending); CC; CLE/MCLE (please check Lorman's "Detailed Credit Information" page for states that have already been approved); ENG; and PMI. Current Issues in Cell Tower Leasing
March 25, 2010: Jonathan and John W. Pestle will be co-presenters on the very popular topic of 'Current Issues in To register for the March 25th conference call, please click here. Note that continuing education participation units/credits are available for these seminars: AICP (Pending); CC; CLE/MCLE (please check Lorman's "Detailed Credit Information" page for states that have already been approved); ENG; and PMI. LEAGUE OF CALIFORNIA CITIES Wireless Issues Update
His presentation is titled, "Wireless Issues Update" and given all that's happening in wireless siting in California (the FCC shot clock; Clearwire's massive deployment; AT&T and T-Mobile deploying UMTS; etc.) there's lots to talk about. Please visit this page for registration information. FCC to DC Circuit Court of Appeals on Net Neutrality:
'Okay, we'll try it the Third Way' May 7, 2010: In early April, the DC Circuit Court of Appeals invalided the FCC's network neutrality rules on procedural grounds. Yesterday, the FCC chair announced his new plan to create a regulatory scheme that will allow the Commission to oversee network neutrality.
California Wireless Association's New Video:
"You Can't Have One Without The Other"
DC Circuit Court of Appeals to FCC on Net Neutrality:
'Huh?' April 6, 2010: The DC Circuit Court of Appeals has invalided the FCC's network neutrality rules, but it did so on procedural grounds. The Court told the Commission that it had not established that it had Congressional authority to create the rules that were invalided today. Will the FCC regroup and try again? The following quotation, from the FCC's press release today, suggests the answer is yes. “Today’s court decision invalidated the prior Commission’s approach to preserving an open Internet. But the Court in no way disagreed with the importance of preserving a free and open Internet; nor did it close the door to other methods for achieving this important end.” (Emphasis added).
To read the court's decision, please click here (PDF). NewPath Networks (DAS Provider) Fails to Secure
Preliminary Injunction Against City of Davis, California March 18, 2010: NewPath Networks, a distributed antenna system (DAS) provider, sued the City of Davis, California in January, 2010. The suit concerns the City's revocation of NewPath's permits to construct a DAS system in Davis. Shortly after a City Council meeting that affirmed the revocation of the permits, NewPath sued Davis. Here how the Hon. Garland E. Burrell, Jr., United States District Judge introduced the case in his 37 page decision:
If you would like to read the full decision denying NewPath's petition for a preliminary injunction, please click here (.PDF format, 235 kb) Attorneys for the City of Davis: Harriet Steiner and Kimberly Hood, McDonough Holland & Allen, PC Gateway Cities Council of Governments
California Wireless Association Jonathan Kramer and Javan Rad (City of Pasadena) will be the government attorney/representatives on a government/industry panel at CalWA's first educational session in 2010. The industry panelists/attorneys will be Robert Jystad (Channel Law Group) and Michael Shonafeld (Allen Matkins). Tickets are available online at calwaluncheon.eventbrite.org. Why is this man smiling?
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:
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 (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 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). 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 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. 2008 KTLF Stories Archive
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WiMAX Tower Leases and Zoning" teleconference. This teleconference is especially timely as Clearwire and other WiMAX provides push to rapidly expand their coverage footprints.
Jonathan will focus on the technology issues (back-haul mesh networks, transmission, RF safety, equipment, etc) as they intertwine with the legal issues connected with WiMAX site leasing and zoning.
These lectures are geared towards private practice and municipal government attorneys. 
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
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 (???). 
Frequency Emissions Safety." The article appears in the Journal's Summer 2009 edition (Vol. 32, No. 3).
