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Subjects › Telecommunications › Articles/Memos/Notes
01/2012

Articles/Memos/Notes

  • FCC Issues Order Concerning Permitting of Wireless Antenna Facilities - order concerning the timely processing of permits for wireless antenna facilities (Adobe Acrobat Document). Local government planners and other staff should review the document to ensure that the jurisdiction's procedures are in compliance. Two significant findings include: ". . . we find that a "reasonable period of time" for a State or local government to act on a personal wireless service facility siting application is presumptively 90 days for collocation applications and presumptively 150 days for siting applications other than collocations . . . We also find that where a State or local government denies a personal wireless service facility siting application solely because that service is available from another provider, such a denial violates Section 332(c)(7)(B)(i)(II).
  • 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.
  • Wireless Tower Siting: The Local Government Perspective - This detailed memorandum, (Adobe Acrobat Document) 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 07-03
  • 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.
  • Attorneys -- Stay Informed! - 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.
  • FCC Guides
  • PEG Access Channels - If you have an interest in the quality and viability of "PEG" access channels, you might wish to contact the following advocacy group:
  • Alliance for Community Media
    666 11th Street NW, Suite 806
    Washington D.C. 20001-4542
    Voice: (202) 393-2650 FAX: (202) 393-2653
    "Ensuring everyone's access to electronic mail since 1976."
  • Miller & Van Eaton, P.L.L.C. -This Washington, D.C. law firm has been representing local governments throughout the county on telecommunications issues for many years. In 2011 the firm was acquired by a California law firm, Best Best & Krieger LLP, which represents many California municipalities. The firm website contains timely articles on municipal telecommunications issues that are accurate.
  • Request for Sample Right-of-Way Use Agreements - MRSC has sample ROW use ordinances and regulations and franchises, but we need samples of actual ROW Use Agreements entered into with individual telecom companies. We are requesting cities and counties in the State of Washington to e-mail or fax (206-624-1220) samples to Jim Doherty, MRSC Legal Consultant.
  • Rural Broadband Deployment - Funding - The Farm Security and Rural Investment Act of 2002, signed by President Bush in May, contains some funding for rural broadband deployment. For an overview of the variety of economic development programs provided for in the act, see Farm Security and Rural Investment Act of 2002 memorandum(Adobe Acrobat Document), by Seattle attorney Joel Paisner. For further information about the Community Connect Broadband Grant Program see the Department of Agriculture.
  • Seattle, WA Telecommunications Ordinances - Are you interested in sample language regarding authorizing the leasing or sharing of excess fiber optic capacity in your city? The city of Seattle has passed two ordinances concerning such matters: Ordinance 118576 (leasing) and Ordinance 118191 (sharing).
    On 9/29/97 the city of seattle passed Ordinance No. 118737 authorizing the use of city real and personal property for the siting of wireless telecommunications facilities. Exhibit A of the ordinance is a model Site Agreement which is quite thorough. These ordinances and other city of Seattle telecommunications ordinances can be accessed here.
  • Wireless Antenna Facilities Subdivision Exemption - A 2002 amendment to RCW 58.17.040 provides that leases of land for wireless antenna facilities are exempt from the subdivision requirements.
  • Selected MRSC Library Holdings - Telecommunications