Law Seminars International Presents: A Comprehensive Two-Day Conference on Legal Developments for

Deployment of Wireless Facilities
Adapting to new technologies, FCC rules, state legislative developments, and a major Supreme Court decision



February 3 & 4, 2014
The L.A. Hotel in Los Angeles, CA

Who Should Attend

Attorneys, wireless service providers, tower companies, real estate developers, local government planners, elected officials, and anyone interested in planning, designing, locating, constructing outdoor wireless antennae and supporting structures

Why You Should Attend

This seminar will introduce the legal, economic and outside design issues presented to local governments and private property owners by deployment and growth of mobile wireless services. The seminar will consider the changing business of mobile and wireless communications services and how that is changing the demand for and design of wireless facilities. The panelists will review the controlling state and federal regulations and recent statutes that define the rights of mobile service providers and their agents to site and to modify towers and antennas located on public and private property. This is the place to learn about the conflicts and resolutions that occur when towers meet local zoning and public safety and environmental regulations. We hope to see you there.

~ Robert R. Jystad, Esq. and Nicholas P. Miller, Esq., Program Co-Chairs

What You Will Learn



Agenda

Monday, February 03, 2014

8:00 am

Registration Opens

 
8:30 am

Introduction to Day 1: Demand Factors for New Infrastructure and Federal Regulatory Developments

The big events relating to local permitting of wireless telecommunications facilities and how they fit together: Case law; the FCC "shot clock" ruling and Supreme Court case; Section 6409(a) of the Middle Class Tax Relief Act and follow-on court decisions

Robert R. Jystad, Esq., Program Co-Chair
Channel Law Group, LLP / Long Beach, CA

Nicholas P. Miller, Esq., Program Co-Chair
Best Best & Krieger LLP / Washington, DC

 
8:45 am

Cellular Technology 201: The Shift to LTE Platforms, Small Cell Facilities, and Distributed Antenna Systems

Trends in cellular technology (including the new vocabulary of metrocell, picocell, microcell, DAS nodes) that facilitate deployment of multiple, smaller coverage area nodes; perspectives on the desirability of those trends and the resulting legal issues

Natasha Ernst, Esq., Special Counsel
Channel Law Group, LLP / Long Beach, CA

Jonathan L. Kramer, Esq., LL.M., Principal
Telecom Law Firm, P.C. / Los Angeles, CA

 
10:00 am

Demand for New Facilities: The Changing Public Safety Side of the Wireless Puzzle; Spectrum Reallocation and Public Safety Build Outs

Public Safety voice and data build outs: 800 MHz rebanding; 700 MHz "narrowband"; FirstNet update; how construction will be funded; time frame for completion; tips for planning local projects to maximize

Barry Fraser, General Manager
Bay Area Regional Interoperable Communications Systems Authority / Dublin, CA

 
10:30 am

Break

 
10:45 am

Demand for New Facilities (Cont'd): The Changing Business of the Commercial Wireless Industry and What It Means in Terms of New Infrastructure

Overview of the national trends: FCC spectrum activities and who is acquiring what; prospects for future spectrum policy changes

Michele C. Farquhar, Esq., Moderator
Hogan Lovells / Washington, DC

How spectrum and network differences among the major carriers affect their business plans and infrastructure needs

Brian M. Josef, Assistant Vice President, Regulatory Affairs
CTIA - The Wireless Association / Washington, DC

Susan Lipper, Senior Manager, Gov't Affairs
T-Mobile USA, Inc. / Sacramento, CA

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Section 6409(a) and Modification of Existing Towers and Structures: When Can Local Governments Require Approval?

Section 6409(a) of the 2012 Middle Class Tax Relief and Job Creation Act of 2012 requiring approval of "modifications" to facilities that do not "substantially change" their physical dimensions; FCC and court guidance interpreting the statute

William J. Sill, Esq., Moderator
Wilkinson Barker Knauer, LLP / Washington, DC

Perspectives on the implications including new base stations and practical aspects of how co-location differs from removal or replacement of existing equipment; extent to which initial approval for one carrier opens the site to other carriers

Kenneth S. Fellman, Esq., Vice President
Kissinger & Fellman, P.C. / Denver, CO

Perspectives on the implications including new base stations and practical aspects of how colocation differs from removal or replacement of existing equipment; extent to which initial approval for one carrier opens the site to other carriers

John L. Zembruski, Esq., Senior Corporate Counsel
T-Mobile USA, Inc. / Bellevue, WA

 
3:00 pm

Break

 
3:15 pm

The Supreme Court's Decision in City of Arlington et. al. vs. FCC: What Does It Suggest for the Future Balance Between Federal and State/Local Authority?

Section 337(c)(7) of the 1996 Telecommunications Act; development of the FCC's "Shotclock" rule; what the Court did and didn't decide; implications for the Chevron doctrine and court deference to administrative agencies on jurisdictional issues

Joseph Van Eaton, Esq.
Best Best & Krieger LLP / Washington, DC

 
3:45 pm

Pending FCC Rulemaking on Local Authority Over Wireless Siting

Update on the procedural status and who is arguing for what

Nicholas P. Miller, Esq., Program Co-Chair, Moderator
Best Best & Krieger LLP / Washington, DC

Stakeholder perspectives on the implications

Jonathan Campbell, Esq., Director, Government Affairs
PCIA - The Wireless Infrastructure Association / Alexandria, VA

Stephen P. Traylor, Esq., Executive Director and General Counsel
National Association of Telecommunications Officers and Advisors (NATOA) / Alexandria, VA

 
5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Best Best & Krieger LLP and Channel Law Group, LLP

 

Tuesday, February 04, 2014

8:30 am

Introduction to Day 2: State Regulatory Developments and Tips for Resolving Local Implementation Issues

Practical approaches to facilitating facility deployment while meeting local environmental and land use goals

Robert R. Jystad, Esq., Program Co-Chair
Channel Law Group, LLP / Long Beach, CA

Nicholas P. Miller, Esq., Program Co-Chair
Best Best & Krieger LLP / Washington, DC

 
8:45 am

Prospects for Changes to California Local Government Authority Over Cellular Facility Siting

Update on recent and pending litigation and legislation impacting local authority: What is the California Assembly doing to further modify state law to facilitate the rapid deployment of wireless facilities? Will the FCC take any further action?

Jamie T. Hall, Esq.
Channel Law Group, LLP / Long Beach, CA

California Public Utility Commission CEQA authority over wireless telecommunications facilities: Discussion of their process for granting construction authority and new developments in CEQA/SHPO law with a potential impact on tower siting

Jack M. Mulligan, Esq., Legal Counsel
California Public Utilities Commission / Sacramento, CA

State legislative trends: Dynamics behind development of California's AB 162 in terms of who wanted what, the outcome, and the likelihood of further future changes; survey of similar proposals in other parts of the country

Alice Lee Kessler, Legislative Advocate
DiMare Van Vleck & Brown LLC / Sacramento, CA

 
10:15 am

Break

 
10:30 am

Moving Towards More Effective Application and Review Processes for New Wireless Facilities: What Is the Best Path Forward?

As a practical matter, how well did the "shot clock" work? Was it really a problem for local government? Did it confer the intended benefits on industry? What are the best solutions for the future?

Robert R. Jystad, Esq., Program Co-Chair, Moderator
Channel Law Group, LLP / Long Beach, CA

Elizabeth A. Hill, Director of State & Local Government Affairs
American Tower Corporation / Cary, NC

Michael Fitch, Principal
Fitch Strategies, Telecom & Infrastructure / Redondo Beach, CA

The Hon. Rochelle Harry Swanson, Esq., Council Member
City of Davis / Davis, CA

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Carrier Access to Buildings and Other Structures: Best Practices for Negotiating Lease Terms with the Landlord

Legal update on carrier rights to access; limits on terms and conditions a landlord can impose; how wireless fits into the overall picture for telecommunications in real estate development

Lawrence R. Freedman, Esq.
Edwards Wildman Palmer LLP / Washington, DC

 
2:15 pm

Negotiating Wireless Facility Deals: Sticky Issues and Practical Tips for Resolving Them

The most common stumbling points and effective ways to get past them; DAS system leasing for in-building networks as a growth area; advice on problematic situations of concern to members of the audience

Andrew M. Ouvrier, Esq., Moderator
Pircher, Nichols & Meeks / Los Angeles, CA

Gerard Lavery Lederer, Esq.
Best Best & Krieger LLP / Washington, DC

George A. Vinyard, Esq., Vice President, General Counsel
ExteNet Systems, Inc. / Lisle, IL

 
3:30 pm

Evaluations and Adjourn

 


Tuition

Regular tuition for this program is $995 with a group rate of $745 each for two or more registrants from the same firm. For government employees, we offer a special rate of $665. For students and people in their job for less than a year, our rate is $497.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Continuing Education Credits

Live credits: Law Seminars International is a State Bar of California approved MCLE provider. This program qualifies for 12.25 California MCLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.



Location

The conference will be held at The L.A. Hotel at 333 S. Figueroa St. in Los Angeles, CA 90071. Call the hotel directly at (213) 617-1133 for reservations at the special negotiated rate of $199 by 1/1/14 and mention that you are attending a Law Seminars International conference. Rooms are on a first come, first served basis.
More about the Location
Map & Directions

If You Cannot Attend

Our complete Homestudy Course, consisting of a DVD recording and the course materials, is available for $1005. The course materials alone are available for $100. We will ship your Homestudy order via UPS ground within two weeks after the seminar or from the date we receive payment.
Order Homestudy

Cancellation & Substitution

You may substitute another person at any time. We will refund tuition, less a $50 cancellation fee, if we receive your cancellation by 5:00 p.m. on Tuesday, January 28, 2014. After that time, we will credit your tuition toward attendance at another program or the purchase of a Homestudy. There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders.



Faculty Bios

Robert R. Jystad, Program Co-Chair, Managing Partner, Channel Law Group, LLP, represents wireless carriers and tower companies on land use, leasing and regulatory matters. Previously, he specialized in right-of-way and land use litigation and regulation.

Nicholas P. Miller, Program Co-Chair, partner, Best Best & Krieger LLP, focuses on local governments wireline and wireless telecommunications networks, and the legislative aspects of communications law. He represents local governments and joint powers authorities in the regulation, procurement, deployment and operation of telecommunications systems.

Michele C. Farquhar, Moderator, partner, Hogan Lovells, focuses on commercial and private wireless and mass media regulation, strategic planning on spectrum allocation and auction-related transactions, regulation and licensing of new domestic and foreign technologies, and global telecommunications convergence and competition.

Andrew M. Ouvrier, Moderator, Pircher, Nichols & Meeks, represents telecommunication companies, landlords, tenants, sellers, buyers, developers, and other users of real estate. He has represented institutional tenants such as AT&T, TowerCo, and General Electric Capital Corporation.

William J. Sill, Moderator, partner, Wilkinson Barker Knauer LLP, is engaged in tower siting issues on behalf of broadcasters, wireless carriers, tower companies and wireless associations. Previously, he worked in the Mass Media and Common Carrier Bureaus at the FCC and led a multi-bureau Direct Broadcast Satellite Task Force.

Jonathan Campbell, Director of Government Affairs, PCIA - The Wireless Infrastructure Association, coordinates and executes the advocacy and outreach of the wireless infrastructure industry and works on public safety to broadband deployment. Previously, he worked for CTIA - The Wireless Association.

Natasha Ernst, Special Counsel, Channel Law Group, LLP, works on behalf of fiber, small cell and wireless telecommunications companies. She specializes in regulatory and environmental compliance as well as obtaining entitlements for infrastructure in the public right-of-way and private property.

Kenneth S. Fellman, partner, Kissinger & Fellman, P.C., works with local governments wireless facilities siting, rights of way issues, development of broadband networks, franchising, public safety communications, legislative advocacy and litigation.

Michael Fitch, principal, Fitch Strategies, Telecom & Infrastructure, consults on wireless and infrastructure issues. He held senior positions at the FCC, the U.S. Department of State, Hughes Communications, Boeing Company, and was CEO of PCIA - The Wireless Infrastructure Association.

Barry Fraser, General Manager, BayRICS Authority, has primary responsibility for deploying BayWEB, one of the first wireless broadband networks for public safety in the U.S. Previously, he worked for several government public safety and information technology agencies.

Lawrence R. Freedman, partner, Edwards Wildman Palmer LLP, is experienced with evolving communications laws as a result of work on behalf of competitive telecommunications companies. He focuses on serving clients in transactions, as well as regulatory and dispute resolution.

Jamie T. Hall, partner, Channel Law Group, LLP, focuses on land use, municipal and regulatory affairs. He has processed land use applications for wireless facilities in California and has represented clients in the wireless industry in both state and federal court and before Public Utilities Commissions.

Elizabeth A. Hill, Director of State & Local Government Affairs, American Tower Corporation, manages policy initiatives at the federal, state & local level, including working with industry, local governments, and planning groups relating to zoning and siting policy issues.

Brian M. Josef, Assistant Vice President of Regulatory Affairs, CTIA - The Wireless Association, works on spectrum, infrastructure deployment, broadband, public safety and homeland security. He is on the Maryland Emergency Number Systems Board. Previously, he advised clients on cable, wireless and common carrier issues.

Alice Kessler, legislative strategist, DiMare, Brown, Hicks & Kessler, LLC, is experienced in state and local government relations. Previously, she held the position of Director of Government Affairs at Comcast Corporation, where she led policy and community initiatives in the San Francisco and North Bay Area markets for the largest cable television and broadband provider in the United States.

Jonathan L. Kramer, Esq., LL.M., founder and principal, Telecom Law Firm, P.C., focuses on wireless and broadband communications telecom law and technology matters, including wireless site planning for local governments, telecom site leasing for governments and private institutions, and fiber optic network service agreements.

Gerard Lavery Lederer, of counsel, Best Best & Krieger LLP, advocates for the rights of public and private property owners regarding law and policy arising from federal and state communications legislation and regulation. He focuses on marketplace solutions for integration of technology into public and commercial real estate assets.

Susan Lipper, Senior Manager for State Government Affairs at T-Mobile, has experience working at the both the California State Capitol and the California Public Utilities Commission. Previously, she was Executive Director for the Cellular Carrier's Association of California and in State Government Affairs for AT&T Wireless.

Jack M. Mulligan, Staff Counsel, California Public Utilities Commission, advises on matters including wireless carrier permitting, construction authority, California Advanced Services Fund grant awards and CEQA compliance. He has worked on the Commission's longstanding CEQA Telco OIR.

The Hon. Rochelle Harry Swanson, Council Member, City of Davis, and a Site Acquisition Manager on a project for a major national wireless carrier. As an attorney and a land use consultant, she has represented telecommunications companies with land use entitlements and private clients in entitlement issues with municipalities.

Stephen P. Traylor, Executive Director/General Counsel, NATOA, has a background in legislative and regulatory work having recently been Associate Legislative Director for the National Association of Counties. Previously, he was the Deputy Director, Government Relations for NATOA.

Joseph Van Eaton, partner, Best Best & Krieger LLP, 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 defended local government efforts to establish and operate municipally-owned systems.

George A. Vinyard, Vice President and General Counsel for ExteNet Systems, Inc., focuses on public and private corporate finance, business combinations and commercial transactions, and in technology and intellectual property strategies, transactions and disputes.

John L. Zembruski, Senior Corporate Counsel with the Network Land Use & Litigation Team at T-Mobile USA, Inc., supports their development teams on land use throughout the Northeast and Central Regions of the United States.