Cell Tower Zoning & Placement: Navigating Recent FCC Changes


CLE Credits earned: 2 GEN

The course will review the current state of the law governing the placement of wireless facilities, with a particular emphasis on recent federal actions that may require localities to change the way in which they review applications for placement of wireless facilities on and off the rights of way. Faculty will discuss some of the approaches being taken by localities in regulating wireless placements, and discuss opportunities and risks associated with leasing public property for wireless use – including opportunities and risks associated with permitting placement of wireless facilities on street lights.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

•   Update on wireless laws and regulations
•   Summary of the current federal regulations governing wireless placement
•   How localities are regulating wireless placement – options and opportunities
•   Guidelines for leasing public property

Date / Time: November 2, 2018

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.


Joseph Van Eaton, Esq. represents government agencies on a broad range of communications issues in federal and state courts, before federal and state agencies, and at the negotiating table. Mr. Van Eaton is a partner in Best Best & Krieger LLP’s Municipal Law practice group in the firm’s Washington, D.C. office. Prior to joining the firm in 2011, he was a founding partner of Miller & Van Eaton, a nationally-recognized telecommunications law firm.

Mr. Van Eaton has helped communities develop wireline and wireless communications ordinances, negotiated franchises for cable and telecommunications service providers, assisted communities in developing their own communications networks, and successfully defended local government efforts to establish and operate municipally-owned systems. He has been a leading advocate for local governments before the FCC, including in key rulemakings affecting local authority to regulate placement of wireless facilities. Mr. Van Eaton has been involved in development of publicly-owned and non-profit broadband networks.

Mr. Van Eaton has significant litigation and appellate experience, and has successfully argued cases in most of the U.S. Courts of Appeal and before several state Supreme Courts.

Mr. Van Eaton received his law degree, cum laude, from the University of Pennsylvania in 1979 and his undergraduate degree, magna cum laude, from Syracuse University in 1975. He is a member of the Bar of the District of Columbia, and a member of the Federal Communications Bar Association.

Gerard Lavery Lederer, Esq. has a unique background as both a nationally recognized telecommunications lawyer and a registered federal lobbyist, which allows him to give clients unparalleled service in a field built on complex and technical regulations. Prior to joining Best Best & Krieger LLP as a partner in the Municipal Law practice group in Washington, D.C., Gerry was an attorney with Miller & Van Eaton, a highly regarded telecommunications law firm.

Gerry advocates for public and private property owners regarding issues of law and policy arising from federal and state communications legislation and regulation. He is also one of the nation’s leading authorities on marketplace solutions for the integration of technology into commercial and public real estate. He authored “Critical Connections” and “Wired for Profit,” two leading guides on the integration of telecommunications technology into office buildings. He developed the first model license agreements for access to buildings and rooftops to help telecommunications service providers and property owners protect their interests.

Gerry serves as legislative counsel for TeleCommUnity, a collection of local governments dedicated to ensuring respect for local rights in federal legislative activity.

As a registered federal lobbyist, Gerry has both public and private sector advocacy experience. He served as executive director of advocacy and research advancement for the Building Owners and Managers Association, International and executive director of government affairs for the United States Telephone Association.

Since arriving in Washington, D.C. in 1985 as the City of Philadelphia’s Washington advocate, Gerry has served as Washington legislative counsel to a number of local governments and agencies, including as lead advocate for local governments on infrastructure issues and as general counsel of the United States Conference of Mayors. Prior to his career in Washington, he served as the chief deputy city commissioner for the City of Philadelphia. This position oversees the city’s voter registration and election day. He is a member of the Federal Communications Bar Association.

Gerry is admitted to practice law in the State of New Jersey and the District of Columbia, and is an inactive member of the bar of the Commonwealth of Pennsylvania.

Accreditation Policy
myLawCLE seeks accreditation for all programs in all states. (Accreditation for paralegals sought thru NALA and NFPA paralegal associations.) Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.

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Applied MCLE Approvals
myLawCLE seeks approval via application in all other states that are not automatically approved through myLawCLE’s state accreditation. (Some states may take up to 4 weeks to send in final accreditation, however attendees will receive accreditation according to the date the class was taken—the state of VA may take up to 12 weeks.)

Accreditation on Formats: Live Video Broadcasts, “Live” Re-Broadcasts and On-Demand CLEs

Live Video Broadcasts
Live video broadcasts are new live CLE programs being streamed and recorded for the first time. All of these programs qualify for “Live” CLE credit in all states except NV, OH, MS, IN, UT, PA, GA, and LA —these states require in-person attendance to qualify for “Live” CLE credit.

“Live” Re-Broadcasts
“Live” Re-broadcasts are replays of previous recorded CLE programs, set on a specific date and time and where the original presenting speakers calls in live at the end of the event to answer questions. This “live” element allows for “live” Re-broadcast CLEs to qualify for “Live” CLE credits in most states. [The following states DO NOT allow for “live” CLE credits on re-broadcast CLEs: NV, OH, MS, IN, UT, PA, GA, and LA]

On-Demand CLEs
On-demand CLE classes are available 24/7 via the myLawCLE portal. Attendance to these classes is monitored and recorded via our login process and a certificate of completion is issued upon the close of viewing the program. These CLEs can be viewed at anytime and only qualify for self-study CLE credits.

Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, HI, CT, FL, ME, MO, MT, ND, NH, NM, VT, NJ, NY, and WV. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

myLawCLE Credit Guarantee
Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.

Section I. Update on Wireless Laws and Regulations
a) A Status Report on FCC Proceedings Affecting the Regulation of Wireless Siting, and the Leasing of Public Property for Wireless Use
b) An Overview of State and Federal Legislative Actions
c) Key Pending Legal Issues

Section II. Summary of the Current Federal Regulations Governing Wireless Placement
a) 332
b) 6409
c) FCC orders and Regs
d) 253?

Section III. How Localities are Regulating Placement – Options and Opportunities
a) An overview of the players and the technical landscape
b) How those regulations are being addressed in local ordinances

Section IV. Guidelines for Leasing Public Property
a) Pricing – on and off the rights of way
b) Principles for leasing or licensing facilities