General Archives » Page 21 of 23 » Dr. Jonathan L. Kramer on Wireless Siting & Law

Choosing a Municipal Wireless Consultant – A Wireless Industry View

Posted on September 19, 2008September 19, 2008 by Dr. Jonathan L. Kramer

Wireless Industry attorney Scott Olson of Cooper Erving & Savage LLP (Albany, NY) has written a very interesting blog essay on his “Cell Tower Siting Blog” offering hiring suggestions to governments looking to employ wireless advisers. The title of his essay is, “Choosing a Wireless Consultant.”

While it may seen like Scott (on the wireless industry side) and I (a leading wireless adviser to local governments in multiple states) might not have a lot to agree on, I’m happy to report that nearly all of Scott’s suggestions and comments could have as easily been written by me.

The bullet points of Scott’s blog essay are:

1. Be wary of a consultant who preaches fear.

2. Carefully scrutinize a consutant’s draft tower law.

3. Be cautious about a consultant that demands to take control of the review process away from the municipal board with permitting jurisdiction.

4. Question the length of review of a typical application.

5. Municipalities, don’t be fooled by a lengthy review.

6. Be cautious with a consultant who emphasizes that his/her services will not cost the community anything; that the carrier will pay for everything.

7. Excessive application fees for tower applications present potential legal issues, especially when the application fees for other uses are substantially less.

To read his full blog essay, please visit THIS LINK.

Recommended!

=Jonathan=

CPUC Investigates Allegations of T-Mobile Sites Without Permits

Posted on August 30, 2008 by Dr. Jonathan L. Kramer

As reported by staff writer Seth Rosenfeld in the San Francisco Chronicle (Aug 30, 2008, Page C-1), the California Public Utiltiies Commission is investigating whether T-Mobile has been constructing cell sites in Northern California without following local building laws.

The article quotes Susan Carothers, a CPUC spokesperson who said, “CPUC staff is looking into allegations concerning T-Mobile cell siting.”

This isn’t the first time the CPUC has investigated wireless carriers for putting up sites sans all required local permits. In 1993, the Commission levied fines of up to $4,370,000 against other carriers for violating the terms of city building permits.

It appears that Glotel, the London-based international technology staffing and projects company with U.S. headquarters in Chicago, will be a target of the CPUC’s investigation. Two former employees of Glotel were quoted in the Chronicle article, one of whom said that the activities being investigated by the CPUC “…happened every day” and specifically identified these activities occurring in Marin, San Franicsco, San Matel, and Santa Clara counties. Brian Lynch, the other Glotel employee quoted in the article, said he was fired when he told Glotel that they were not following the proper process.

Stay tuned…this should be interesting! Here is a link to the original story at SFGATE.com.

=Jonathan=

Hands Free Comes to the Golden State

Posted on July 5, 2008July 5, 2008 by Dr. Jonathan L. Kramer

Welcome to California. Now put down the cell phone when Use A Cell Phone Get A Ticket you’re driving. That law is now in effect here in the Golden State. No warning period; just get a ticket.

Now that this law is in effect, if you are in a fatal accident (with other than you being the fatality), you can be charged with Misdemeanor Manslaughter. That’s good for up to a year in jail, on top of everything else that will happen.

Think about safety when you’re driving and talking.

…speaking of which, the new law doesn’t prohibit you from DIALING or TEXTING while driving; only talking on a handset while driving. Those loopholes should be closed fairly quickly when the California Legislature comes back from recess.

Finally, if you’re under 18, don’t worry about what I wrote above. You’re prohibited from using a cell phone while driving, regardless of whether you’re using a handset OR a handsfree device.

Jonathan

“Can you find me now? Good! Can You Find Me Now? Good!”

Posted on July 5, 2008July 5, 2008 by Dr. Jonathan L. Kramer

ACLU And EFF Sue Justice Department To Uncover Records Of Cell Phone Tracking (7/1/2008)

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

WASHINGTON – The American Civil Liberties Union and the Electronic Frontier Foundation (EFF) filed a lawsuit today urging a federal court to order the Department of Justice (DOJ) to turn over records related to the government’s use of people’s cell phones as tracking devices. The ACLU filed a Freedom of Information Act (FOIA) request for the records in November 2007 following revelations that federal officials are using Americans’ cell phones to pinpoint their locations, sometimes without a warrant or any court oversight. The DOJ has failed to release the documents or provide an adequate response to the request.

“This is a critical opportunity to shed much-needed light on possibly unconstitutional government surveillance techniques,” said Catherine Crump, staff attorney with the ACLU and lead attorney on the case. “Signing up for cell phone services should not be synonymous with signing up to be spied on and tracked by the government.”

The ACLU submitted the FOIA request to the DOJ after media reports revealed that some government officials claim not to need probable cause to obtain real-time tracking information from people’s cell phones. The reports also suggested that some federal law enforcement agents have obtained tracking data directly from mobile phone service providers without any court oversight.

The request for information includes documents, memos and guides regarding the policies and procedures for tracking individuals through the use of their cell phones, as well as information about the number of times the government has applied for cell phone location information without establishing probable cause and how many times it has been granted.

“The public has an overwhelming interest in the requested information, which concerns our most personal communications,” said David L. Sobel, EFF Senior Counsel and co-counsel on the case. “But remarkably, the Justice Department refused to respond quickly to the request, as the law requires when ‘urgent’ information is at issue. Further delay will allow important privacy policies to be developed behind closed doors.”

Attorneys on the case are Crump, Sobel and Arthur Spitzer, Legal Director of the ACLU of the National Capital Area.

The complaint is available online at: www.aclu.org/freespeech/gen/35873lgl20080701.html

The ACLU’s FOIA request can be found online at: www.aclu.org/freespeech/gen/32893res20071129.html

Tower Climbing: The Most Deadly Job in the US

Posted on July 5, 2008 by Dr. Jonathan L. Kramer

According to the Bureau of Labor Statistics (with additional data from WirelessEstimator.com), the Discovery Channel has it all wrong: The deadliest job in the U.S. isn’t fishing; it’s tower climbing.

As reported in the July 7, 2008 edition of RCR news, the top three deadliest jobs are:

#1 Tower erectors/climbers: 183.6 deaths per 100,000 (18 deaths)
#2 Fishers and fishing workers: 141.7 deaths per 100,000 (51deaths)
#3 Aircraft pilots: 87.8 deaths per 100,000 (101 deaths)

T-Mobile’s New Bill in California

Posted on May 26, 2008May 26, 2008 by Dr. Jonathan L. Kramer

sb1252 padlock T-Mobile, the wireless telephone carrier, has sourced a Bill carried by Sen. Alex Padilla (D-Los Angeles, 20^th District) that would, during proclaimed emergencies or upon the declaration of an emergency by the President, allow wireless telecommunications carriers to enter onto public property and set up emergency replacement cell sites for existing sites that are “significantly impaired or rendered inoperable by the conditions causing that emergency” (although neither term is defined, and presumably are up to the wireless carrier to self-determine).

Under Gov. Code § 830 ‘Public property’ means real or personal property owned or controlled by the public entity, but does not include easements, encroachments and other property that are located on the property of the public entity but are not owned or controlled by the public entity. Generally speaking, public property includes all real property owned by the local government or public agency including, for example, a local government’s offices; a public agency’s offices; schools; corporation and maintenance yards; pump stations; wells, water tanks; parks; open space; police and fire stations; government training facilities; jails; municipal airports; etc.

Emergency wireless sites allowed under SB 1252 would be “temporary” installations, however the term ‘temporary’ is not time-defined in the Bill. There is a minimal (and potentially ineffective) prior notice requirement of the wireless carrier’s entry of the public property. There is a post-occupancy notice requirement, and a permit process commencement requirement, but no procedure other than judicial to eject an uncooperative occupying carrier if the permit is denied.

The Bill provides a severely time-restricted opportunity for a limited class of public property owners to opt out of the requirements of SB 1252 at existing radio sites, but not at all public property sites. The time restriction is limited to within 6 hours of the declaration or proclamation of an emergency. To be effective, the actual notice must be received by the wireless carrier within that time.

There is no compensation requirement for the carrier’s occupancy of the public property.

The Bill provides that the wireless carrier will indemnify and hold harmless a limited class of public property owners, but no defense of the public property owner is provided for in the Bill.

This Bill has cleared the California Senate, and is now in the Assembly, where it is currently being held at the desk. It needs to stay there, or to be dramatically altered.

As of May 14, 2008, the following groups have officially supported the Bill: T-Mobile (source); California Chamber of Commerce; CTIA – The Wireless Association; the League of California Cities; and the Sheriff-Coroner of San Bernardino County.

A section-by-section analysis of the proposed legislation is available online. CLICK HERE to download the PDF file.

VOIPNow.org Recognizes celltowersites.com

Posted on May 8, 2008 by Dr. Jonathan L. Kramer

We’re pleased to be listed on VOIPNow.org‘s list of 100 Top Telecom Industry Blogs. They said,

Jonathan Kramer on Wireless Tower Siting: If any one blog really fits the “Niche” category, this is it. Kramer set this blog up over a decade ago because he knew “that government and private wireless planners are very visual people.” So, through this blog and its photographs, Kramer hopes to illustrate what can be done and what should be avoided when constructing wireless towers. Kramer is a consultant through his law firm, Kramer Telecom Law Firm, P.C., and he’s advised the U.S. government and private clients on wireless tower siting issues for many years.

Thanks!

DWW: The new offense, brought to you by AT&T and MediaFLO

Posted on March 27, 2008 by Dr. Jonathan L. Kramer

Soon you’ll be able to speed down the highway who watching AT&T’s TV two-channel service on your mobile phone. Call it “Driving While Watching” (DWW).

“Gee, Judge, I really wanted to see the whole episode of Lost, so that’s why I accidentally hit that old lady crossing the street. Sure the light was red, but I was really engrossed in the plot when I passed over the lady, and really, there weren’t any cars in the intersection at the time. You understand, don’t you, your honor?!”

Here’s the PR puff:

AT&T Mobile TV – Coming to Your Wireless Phone in May

Innovative New Service to Broadcast on Two New AT&T Exclusive Handsets from LG and Samsung

AT&T Will Feature Full-Length Television Content, including Two Exclusive Channels

San Antonio, Texas, March 27, 2008

AT&T Inc. (NYSE:T) and MediaFLO USA Inc, a wholly owned subsidiary of Qualcomm Incorporated (Nasdaq: QCOM) announced today the launch of AT&T Mobile TV with FLO, a mobile television service featuring high quality live programming. The mobile TV service will launch in May 2008 on two new exclusive handsets, the LG Vu™ and the Samsung Access™. AT&T Mobile TV will also feature two exclusive channels, which will be announced soon.

AT&T Mobile TV will deliver full-length television content and sporting events from top networks, including programming from leading entertainment brands CBS Mobile, Comedy Central, ESPN Mobile TV, FOX Mobile, MTV, NBC 2GO, NBC News2Go and Nickelodeon.

“AT&T Mobile TV is a powerful new mobile entertainment offering, which will give our customers a formidable lineup of sports, news and primetime shows, including two channels exclusive available to AT&T customers,” said Mark Collins, vice president of Consumer Data for AT&T’s wireless unit. “We are thrilled to team with MediaFLO USA to offer our customers an unmatched mobile entertainment experience that is changing the way we all look at TV.”

“By making the FLO TV service available to AT&T customers, the nation’s largest wireless carrier, MediaFLO USA continues to expand our award winning FLO TV service to consumers across the country,” said Gina Lombardi, president of MediaFLO USA. “We look forward to working closely with AT&T to continue the momentum of making mobile TV a staple for more consumers.”

The AT&T Mobile TV service will be launched on two stylish devices: the Vu from LG Electronics MobileComm U.S.A. Inc. (LG), and the Access from and Samsung Telecommunications America (Samsung).

LG Vu: A sleek and stunning device, the Vu gives you a clear view of TV, Web, pictures or videos on its large interactive touch screen. It also lets you get the utmost in mobile entertainment with a music player, 2.0 megapixel camera and Bluetooth^® capabilities.

Samsung Access: This stylish handset features a large landscape display, ideal for delivering a rich viewing experience and an internal antenna for exceptional reception. It’s a great device for customers who are looking for advanced multimedia capabilities such as a camera, external stereo speakers, stereo Bluetooth, AT&T Music, CV, of course, AT&T Mobile TV.

More details on AT&T’s soon-to-be-launched mobile TV service from MediaFLO USA and the company’s exclusive handsets from LG and Samsung will be available soon. To learn more about AT&T’s other mobile entertainment offerings, visit www.wireless.att.com/entertainment.

Cell Siting News 2/25/2008

Posted on February 25, 2008February 25, 2008 by Dr. Jonathan L. Kramer

Taliban demand night-time cell tower shutdown
Register – London,England,UK
Reportedly the hardline Islamic militia believes that cell
towers are being used to locate and track Taliban gunmen.
The BBC quotes Taliban spokesman …

Concern over the amount of cell phone towers
AM900 CHML – Hamilton,Ontario,Canada
HAMILTON (AM900 CHML) – There’s growing concern
about the number of cell phone towers that are popping up
throughout the city. Hamilton’s Board of Health …

Taliban Threatens Cell Towers
By Noah Shachtman
In Iraq, when the locals start calling in too many tips to
government-friendly forces, the insurgents blow up the
neighborhood cell tower, in an attempt to sever the
relationship between the military and the people. …

Company proposes new site for Schuylerville cell tower
The company planning to build a controversial cell tower in
Schuylerville is looking at a new location on the public school property.

2nd cell-phone tower opposed
A group of Heritage Hills residents is protesting a proposal for a
second cell-phone tower at the condominium complex, and is also
upset with the Zoning Board of Appeals and the notification process
for public hearings.

Can you hear me now? Not in Albin
Wyoming Tribune – Cheyenne,WY,USA
Because they have the same carrier, he would be able to talk to
them all he liked for free — if Albin had a cell tower. And there’s
Kelly Krakow, …

Cell tower appeal goes to Rogers City Council
Benton County Daily Record – Bentonville,AR,USA
The Planning Commission voted to deny the request for a conditional
use permit to put a 90-foot cell tower at 3200 Seminole St., which
is in residential …

Hinesburg cell tower strains neighbor relations
BurlingtonFreePress.com – Burlington,VT,USA
In 2005, Nextel Corp. was interested in leasing public land in Hinesburg
to erect a 100-foot cellular tower, but the deal fell through. …

Yes, the world really is getting FLATTER.

Posted on February 20, 2008 by Dr. Jonathan L. Kramer

T-Mobile has jumped on the $99.99 flat-rate bandwagon.

Following Verizon’s and AT&T’s lead, T-Mobile has said:

BELLEVUE, Wash., Feb. 19, 2007 – T-Mobile USA, Inc., announces today that it will offer consumers a plan that includes unlimited nationwide wireless calling and unlimited nationwide messaging for $99.99 per month. This offer will be available beginning Thursday, Feb. 21, and will be a great value for new and existing T-Mobile customers.

“T-Mobile is passionate about helping people stick together with those who matter most, and providing them with the best value is one way we help our customers do that,” said Jeff Hopper, vice president, Marketing, T-Mobile USA. “This offering empowers people to communicate as much as they like on their own terms – whether it’s voice, text messaging, picture messaging or IM.”
With this new plan, domestic roaming and long distance charges are included. Unlimited messaging includes text messages (SMS), picture messages (MMS) and instant messages (IM).

T-Mobile also offers its popular myFaves plans — affordable unlimited calling plans suited for a majority of its customers — beginning at just $39.99 per month.More information and qualifying details will soon be available at www.t-mobile.com.

More pressure on MetroPCS, Cricket, etc.