eNATOA Presentation by Jonathan L. Kramer October 28, 2013 (Un)Intended Consequences of the FCC’s Wireless Siting Notice of Proposed Rulemaking

Jonathan Kramer, circa September 1984 Telecom Law Firm, PC (Los Angeles, California, since 2006) - Admitted to practice law in California and New Mexico Kramer.Firm, Inc. (Los Angeles, California, since 1984) - Licensed by FCC since early 70s (currently holds five licenses) - Licensed telecom system contractor (California, since 1981) 35+ years in telecommunications engineering (RF, broadband, fiber, outside plant safety, code compliance, RF safety) 29 years consulting on telecom matters > 800 governments/firms 22 years of wireless siting and planning ~1,700 cases/matters Expert witness in 40+ wireless, wired telecom cases Co-author, Co-editor of FCC’s “A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance” (Currently revising for the FCC) Member: NATOA (Twice Member of the Year), IMLA, Federal Communications Bar Association, Society of Broadcast Engineers, and a bunch of other organizations. Really Important Legal Notice This lecture was presented on 10/28/13 for informational purposes only. The lecture and these slides are not intended to provide legal advise to any person, plant, or animal in regard to any specific matter, and may not reflect recent developments. The views here are of Jonathan Kramer, and not necessarily any client of Telecom Law Firm, P.C. No attorney-client relationship is formed with you. Consult with your attorney before you sign on any legal doted line. It’ll be a lot cheaper than trying to fix a self-inflicted legal mess later on. Really. 2TelecomLawFirm.com

A Small Cell Base Station? PCIA says 17 cubic feet is small. 6 feet BOB 7 feet 2.57 feet 17 cubic feet 1.8 feet 1.34 feet 7 feet 17 cubic feet 2.57 feet 3

A Small Cell Antenna? PCIA says 3 cubic feet is small. 6 feet BOB 1.44 feet 5 feet 5.0 feet tall 1.0 foot wide 0.6 feet deep 1.44 feet tall 1.44 feet wide 1.44 feet deep 4

A Small Cell Base Station? Everything Else doesn’t count… 6 feet BOB 5 Unlimited Number of 3 cubic foot antennas

A Small Cell Base Station? Everything Else doesn’t count… 6 feet BOB 6

A Small Cell Base Station? Everything Else doesn’t count… 6 feet BOB 7

A Small Cell Base Station? Everything Else doesn’t count… 6 feet BOB 8

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One little word: “any” Evaluate a “substantial change in the physical dimensions” against the most recent discretionary or mandatory approval. Original City-approved site sets basis… Compare first modification to original approval… Compare second modification only to first modification… Compare third modification only to second modification… Compare fourth modification only to third modification… …and so on…ad infinitum (which is a really, really big) 13

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Wireless Industry view of “any” Existing Site Camouflaged in Radome Site 18

First modification Removed camouflaged pole, install lattice tower, and increase height 20 feet by right (Not a substantial change) Wireless Industry view of “any” 19

Second modification Increase height another 20 feet compared to first by-right modification (Not a substantial change) Wireless Industry view of “any” 20

Third modification Increase height another 35 feet compared to second by-right modification Additional height required because of a mere claim of ‘interference’ Wireless Industry view of “any” 21

Connecting the NPRM dots… Any structure which can support antennas or a base station is a collocatable structure. Any structure effectively includes every existing and future structure. If every structure that can support antennas or a base station is subject to Section 6409(a), the state or local government “may not deny, and shall approve” every wireless project that does not substantially change the physical dimensions of the existing structure......regardless of location or zone. 22

23 Resources This PowerPoint and more about the NPRM: TLFPC.com/nprm TLFPC.com/nprm Section 6409(a) & Shot Clock stuff: Kramer’s Wireless Blog: CellTowerSites.com CellTowerSites.com Cell Site Example Photographs: CellTowerPhotos.com CellTowerPhotos.com Best Best & Kreiger NPRM info: tinyurl.com/bbklaw John Pestle’s Blog: Jonathan L. Kramer, Esq. (circa 2000) Telecom Law Firm, P.C S. Barrington Avenue, Suite 306 Los Angeles, CA Tel: x121 Toll Free: 855-CELL-SITE TelecomLawFirm.com