Section 6409(a): New Federal Statute Limiting State and Local Zoning of Cell Towers

Benefits

This live audio conference will describe Section 6409(a) of the Middle Class Tax Relief Act, enacted in February, which requires state and local approval of cell tower collocations and other wireless tower modifications. It will describe the many legal and technical issues under this new statute, including what towers are covered, what modifications are covered and which of the many state and local laws (zoning, codes, environmental, other) are affected. It will describe how these laws are affected (is any approval needed?) and will describe the questions about Section 6409(a)'s constitutionality. It will describe issues that are likely to be raised by wireless firms, such as whether Section 6409(a) grants condemnation authority, and will provide practical guidance on how municipalities and providers can work together while Section 6409(a) is being clarified by the courts and FCC. You will come away with useful legal knowledge about what is certain about Section 6409, what is uncertain, and practical guidance on how to proceed.

Learning Objectives:

• You will be able to discuss how Section 6409(a) effects new and existing cell towers, now that industry says 'cities can't say no' to tower growth.
• You will be able to identify what tower modifications and collocations are covered by Section 6409(a).
• You will be able to explain how Section 6409(a) can affect camouflaged towers and how to keep them camouflaged.
• You will be able to describe serious constitutional objections to Section 6409(a).

Continuing Education Units

• AICP (Pending)
• CLE (Please check the "Detailed Credit Information" page for states that have already been approved)
• ENG
• LAND SURY
• Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.