Telecommunications

This page is intended to provide information on telecommunications issues that relate to Washington cities and counties. If you have information to share (e.g., ordinances, sample policies, issue papers, etc.) on any of these topics or if you are aware of other Web sites that we should link to, please contact Jim Doherty, MRSC Legal Consultant, at jdoherty@mrsc.org, or call (206) 625-1300.

Another resource for Washington municipal officials and staff is WATOA , the Washington State chapter of the National Association of Telecommunications Officers and Advisors.

News Notes

NATOA's Broadband Principles
The National Association of Telecommunications Officers and Advisors (NATOA) has published their concise "Broadband Principles," along with a short introduction. This is an excellent primer on the need for a national broadband policy, and the need for local governments to take all possible steps to provide fiber to the premises for their communities.

Transition to Digital TV
Local governments should be aware of the upcoming transition to digital television broadcasting. All analog over the air TV transmissions will end after February 17, 2009. Jurisdictions should consider providing information to residents, perhaps through your regular newsletter, if you have one. There are many resources for information regarding the DTV transition, including Digital Television (DTV): Tomorrow's Television Today from the Federal Communications Commission.

Federal Proceedings and Cable Franchising
The Miller & Van Eaton law firm has posted a summary of the FCC proceedings which are leading toward major changes in local cable franchising. Local governments have been opposing the changes. This summary includes links to all of the relevant documents. Posted 2/08

FCC Cell Tower Order Affecting Municipalities
Neil Lehto, a telecommunications attorney who advises local governments nationally, has issued a notice alerting jurisdictions to new federal requirements concerning backup power supplies for cellular antenna facilities. Those dealing with the permitting of antenna facilities, or administering existing leases for antennas located on public property should pay heed. Posted 10/07

The Truth on Telecom Reform
"The Truth on Telecom Reform" provides a good overview of the telecom issues facing local governments, and why local governments need to be active in the fight to maintain local control over the ROWs and local franchising authority. The major telecommunications companies have lots at stake, and they are effectively lobbying at the federal and state level. Stay informed. Posted 4/07.

Municipal WiFi Networks
This article from GigaOM discusses the status of the many operational and planned MuniFi networks in the US, and contains links to further information concerning WiFi and WiMax technology, and several case studies. Posted 1/07.

The National Franchise Debate
In D.C. there is an intense debate over whether to grant certain telecom companies national franchises. In Franchise Primer - The Multiple Roles of the Cable Franchise, TeleCommUnity helps to explain the role of local governments in franchising and why national franchising is not a good idea. Posted here 5/06.

Wireless Tower Siting: The Local Government Perspective
This detailed memorandum, ( 130 KB) by Jim Baller and Casey Lide of the Baller Herbst Law Group, presents the local government perspective on the siting of wireless facilities, and summarizes the leading decisions on tower siting that the courts have issued since the enactment of the federal Telecommunications Act of 1996. Article updated 7/03, posted here 7/03.

Wireless Antenna Facility Lease Rates
MRSC periodically gets requests for wireless antenna facility lease rates. We don't have much information. Please provide either copies of your leases or a brief description of the antenna facilities along with a summary of the compensation to Jim Doherty at jdoherty@mrsc.org. The data will help MRSC advise other jurisdictions. Lack of data is hampering knowledgeable negotiation. Posted 5/02.

Attorneys -- Stay Informed!
Neil Lehto, a telecom attorney in Michigan, established a very informative Yahoo group discussion list, described as "a service providing news about cable television and telecommunications regulatory and legal matters of interest to local government and public access officials." If you subscribe (free), you will receive daily e-mails on relevant municipal telecom issues. When you're too busy to read the information, just save the e-mail or print it out for later reading. You can post questions, links, or information. It's a winner.

The Baller Herbst Law Group, a prominent telecom firm assisting municipalities (with offices in Minnesota and D.C.), has an e-mail service to which you can subscribe and get a daily e-mail that provides links to numerous telecom articles on issues of interest to municipalities. To contact the firm and request to be added to the e-mail list, use this e-mail address: info@baller.com. Originally posted 10/99. Updated on 3/02, 11/03.

Request for Materials
Please provide MRSC with copies of telecommunications related documents, particularly infrastructure siting materials: policies, ordinances, resolutions and lease forms (leases of local government land or space on local government buildings, water tanks, or other structures to telecommunications providers for antennae placement). If possible, transfer the materials to me in electronic format, via diskette or e-mail. Don't be shy, share! Thanks - Jim Doherty, MRSC Legal Consultant (e-mail: jdoherty@mrsc.org.)