Categories

Is it Really a Small Wireless Facility?

Yesterday was January 14, 2019, the day that the bulk of the FCC’s Small Wireless Facility (SWF) rules went into effect. Here’s a short video about information you’ll need to know if the applicant is REALLY proposing a SWF! It’s just a tad over 4 minutes in length.

Facebooktwittergoogle_plusredditpinterestlinkedinmail

HUGE! 10th Cir Denies Stay in FCC Case then Xfers to 9th Cir.

In the ongoing sage of local governments trying to bring sense back to cell siting after the FCC’s industry-driven September Small Wireless Facilities Order, the 10th Circuit today ORDERED that (a) it would not issue a stay of the FCC’s order, but then (b) ORDERED the case to be transferred to the 9th Circuit!

This is HUGE, and places the case exactly where it should have been heard in the first place.  The denial of the stay was by a summary action, without giving a basis.  The transfer order clearly explained why the case properly belongs in the 9th Circuit.

I’ve attached both orders below.

-Jonathan

__190110 Order Denying Motion for Stay

__10th cir order granting transfer to 9th cirFacebooktwittergoogle_plusredditpinterestlinkedinmail

NOKIA’s Phil Twist: “Choose the red pill.”

RCR wireless has an interesting and quite telling post out today (11/30/2018) quoting Mr. Phil Twist, VP of Network Marketing for Nokia.  Speaking at an event titled, “The Great Telco Debate” in London,

Channeling the original Matrix movie blue pill/red pill scene, Mr. Twist is reported to have said that “[t]he US operators have taken the red pill – they’re building networks, even while they’re unsure of the business case. Because one is building, they’re all building.”

Regrettably, assuming Mr. Twist is not twisted in his assessment, then we’re seeing a massive infrastructure invasion into the public rights of way throughout the U.S. on a wing and a prayer.

Perhaps a better quote would have been to channel this fantasy movie clip: If you build it…

Both movies were dark fantasies.  What one will be closer to reality?

JonathanFacebooktwittergoogle_plusredditpinterestlinkedinmail

Mobilitie: Fake News; FCC Fines; and Churchill’s Barking Dog.

Mr. Jason Caliento, the Executive Vice President of Network Strategy at Mobilitie, presented the keynote address and a follow-up discussion at the AGL Summit on September 27, 2018. That Summit was held in Kansas City as an ongoing part of AGL’s (very important for municipal officials and industry personnel alike) lecture series.

I spoke at the AGL Summit on a 5G topic, but that’s not the focus of this post.

Mr. Jason Caliento (left) with Mr. Bryan Tramont.  Photo  Copyright © 2018 by Dr. Jonathan Kramer

The focus of this post is a snippet of about 2 minutes and 40 seconds of the one-on-one follow-up discussion with Mr. Bryan Tramont, Esq., the Managing Partner of Wilkinson Baker Knauer, LLP. The subject of that portion of their exchange was the 2018 Consent Decree between the FCC, Sprint, and Mobilitie. That Decree was adopted and released on April 10, 2018. (CLICK HERE to download and read the Consent Decree.)

In their relatively short exchange, Mr. Caliento managed to claim that there was some sort of ‘fake news’ involvement in the story about Sprint and Mobilitie violating the FCC’s rules; that the ends justified the means; and that Mr. Caliento seems guided by Sir Winston Churchill’s quote, “You will never reach your destination if you stop and throw stones at every dog that barks.” I suppose an apparently intentional program between Mobilitie and Sprint to build sites absent required regulatory permissions is the barking dog in his odd analogy.

Please listen to Mr. Caliento’s comments responding to Mr. Tramont on this topic in its entity.  Then you may decide for yourself what you think of Mobilitie’s and Sprint’s (presumably and hopefully former) approach to regulatory compliance:

Okay. I suppose that’s one way to spin intentionally violating federal regulations because the ends seem to justify Mobilitie’s and Sprint’s means. Further, as for the ends justifying the means, apparently paying the FCC an $11 million dollar fine seems a very small and economical price to Mobilitie and Sprint given the billions Mr. Caliento claims that they have saved (and presumably will save).

I opine that now we know the real fake news.

Jonathan

PS: The next AGL Summit is in Atlanta, Georgia on November 8th. Unfortunately, I won’t be able to attend, but I highly recommend this event to municipal officials who want the real story about what’s happening in the coming 5G world. -jlkFacebooktwittergoogle_plusredditpinterestlinkedinmail

FCC’s “SWFFR” Order and 3rd R&O

As many of you know, last Friday the FCC released a Declaratory Order and 3rd Order and Report, mainly covering the deployment of “Small Wireless Facilities.”   I’m calling these sites ‘SWFFRs’ (Small Wireless Facilities-Federal Rules).

If you haven’t seen the SWFFR order, you can download it below in WORD format.

I’ll have a lot to say about these rules, but not yet.

Jonathan

CLICK BELOW to download the FCC’s SWFFR:

FCC-18-133A1Facebooktwittergoogle_plusredditpinterestlinkedinmail

Can. You. Throttle. Me. Now?

By now you’ve probably read published stories or seen the news videos about Verizon Wireless throttling (throttle) data rates of firefighter phones in California. See, for example, this Ars Technica article.

Some call this a net neutrality issue. I don’t see it that way.

I see this as a public safety issue, and ripe for . . . → Read More: Can. You. Throttle. Me. Now?

Coronado, California Adopts New Wireless Ordinance

Last night, August 21, 2018, the City of Coronado, California adopted a new wireless ordinance. In fact, it was their first wireless ordinance, and it focuses on 5G and beyond.

During the hearing, I presented a short PowerPoint presentation on 5G and why the wireless industry moves in seemingly mysterious ways.

If you’d like to . . . → Read More: Coronado, California Adopts New Wireless Ordinance

The Wireless Sky is Falling!

The Wireless Sky is Falling! The Wireless Sky is Falling…

Yes, the wireless sky is falling according to various firms who want landlords to hire them to sell their Sprint leases. Our landlords are receiving letters and emails from various firms wanting to buy Sprint leases, with justifications such as:

‘Once the T-Mobile-Sprint deal . . . → Read More: The Wireless Sky is Falling!

Wireless Carrier Attempts Backdoor Land Grab

Our law firm recently dealt with an interesting issue: an attempted unpaid land grab by a carrier. This is an issue that wireless site landlords should ALWAYS be on the lookout for when reviewing the plans for a proposed site modification. This story deals with a proposed standby power generator.

In the matter we just . . . → Read More: Wireless Carrier Attempts Backdoor Land Grab

Mayor Sam Liccardo Resigns from FCCs Sham BDAC

Today, San José Mayor Sam Liccardo resigned from the FCC’s Broadband Deployment Advisory Committee (“BDAC”). This comes as no surprise to most of us in the local government sector, yet we’re sorry to see him leave.

When FCC Chairman Ajit Pai announced just one year ago his intention to form the BDAC as a vehicle . . . → Read More: Mayor Sam Liccardo Resigns from FCCs Sham BDAC