For my friends in local government service, this should be on your radar. It’s on mine.
I find this design to be aesthetically compelling in an urban landscape.
For more see: www.newwind.fr (In French only, at least for now.)
For my friends in local government service, this should be on your radar. It’s on mine.
I find this design to be aesthetically compelling in an urban landscape.
For more see: www.newwind.fr (In French only, at least for now.)
This is a bit off of my usual topics, but I think this is something that is likely to be of interest to many of you.
HostedNumbers is the telephone service provider we use to secure local telephone numbers in various area codes where we want a virtual local presence. This allows callers in those selected area codes to call us on a local number rather than using a toll-free or long-distance number, yet have the number ring to our own office phone system based in Los Angeles. We’ve been using HostedNumbers for about 2 1/2 years.
Let me explain how we use HostedNumbers. Telecom Law Firm has attorneys licensed in California, Florida and New Mexico. We also have two physical offices (Los Angeles and La Jolla). HostedNumbers assigns us a local telephone number in the area code and city of our choice. Because we have a San Diego office, we had HostedNumbers assign us a 619 area code number (the number is (619) 272-6200). When someone calls that 619 number, HostedNumbers automatically forwards the call to Tripp May’s Telecom Law Firm direct line (310-405-7340). Similarly, we have a 505 area code number (New Mexico) that automatically forwards to my desk phone since I’m licensed in that state as well as in California. As Natalia Shparber is licensed in Florida, as well as in California, we have HostedNumbers forward a local Florida telephone number directly to her desk phone here in Los Angeles.
HostedNumbers costs about $5.00 per month, plus about a nickle per minute for that forwarding, which also includes CallerID forwarding. That’s what you’d expect to pay for a toll-free number. The difference, which I discussed above, is the local number aspect.
Did you notice that Tripp’s local San Diego number, (619) 272-6200 is a great number? Well, Natalia’s Florida number is (850) 336-6200. My New Mexico number is (505) 428-9900. Our Northern California number is (415) 887-1200. Are you seeing a pattern here? Yes, all of the numbers really scream ‘business’ ending in “00”. HostedNumbers lets you select the number you want from their list of available numbers in a particular area code and/or city. Why pick a remote number like 790-251-5982 when you can find a much more business-like number ending in -xx00 or -1234 (or even a good ‘word number’ like 222-5388, which spells “Cable TV”).
The web interface control panel at HostedNumbers is easy to use, and provides updated account usage records by telephone number on the fly. It has improved several times since we signed on with their service.
Finally. . .and this is no BS. . .HostedNumbers customer service (answered 24/7 by live people) is nothing less than outstanding. Really, I’m not kidding: outstanding. That’s why when HostedNumbers contacted me last year to provide a testimonial for their website, I set aside my basic practice of no endorsements to gladly endorse them. See http://www.hostednumbers.com/success-stories/legal/.
If you want to have a business presence away from your main location, or have pin-point marketing, you’ll be well served by visiting http://www.hostednumbers.com. Oh, yes, you can call them, too: 1-800-300-9525. Ask for Pat. (Naw, don’t worry about that…it’s an inside joke.)
Jonathan
(Updated 1/21/15: see bottom)
This is a flash report on the Supreme Court decision announced today in T-Mobile v. Roswell penned by Justice Sotomayor. A detailed analysis will follow. For now, here is the Syllabus (not part of the decision) followed by a link to the 28-page decision. The big takeaway: A City need not include any or every reason for denial in the denial letter, but it must make the record and reasons for denial available essentially contemporaneously with the written decision. Waiting 26 days to issue the reasons for denial after the denial was determined was too long a period. Justice Alito issued a concurring opinion. CJ Roberts joined by Justice Ginsburg and Justice Thomas, dissented in various parts.
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued.The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
T-MOBILE SOUTH, LLC v. CITY OF ROSWELL, GEORGIA
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUITNo. 13–975. Argued November 10, 2014—Decided January 14, 2015
Respondent Roswell’s city council (Council) held a public hearing to consider an application by petitioner T-Mobile South, LLC, to build a cell phone tower on residential property. During the hearing, several Council members expressed concerns about the tower’s impact on the area. The hearing ended with the Council unanimously passing a motion to deny the application. Two days later, the City’s Planning and Zoning Division informed petitioner by letter that the application had been denied and that minutes from the hearing would be made available. The detailed minutes were published 26 days later.
Petitioner filed suit, alleging that the Council’s denial was not supported by substantial evidence in the record. The District Court agreed, concluding that the City, by failing to issue a written decision stating its reasons for denying the application, had violated the Telecommunications Act of 1996, which provides that a locality’s denial “shall be in writing and supported by substantial evidence contained in a written record,” 47 U. S. C. §332(c)(7)(B)(iii). The Eleventh Circuit, following its precedent, found that the Act’s requirements were satisfied here because petitioner had received a denial letter and possessed a transcript of the hearing that it arranged to have recorded.
Held:
1. Section 332(c)(7)(B)(iii) requires localities to provide reasons when they deny applications to build cell phone towers. This conclusion follows from the Act’s provisions, which both preserve and specifically limit traditional state and local government authority. It would be considerably difficult for a reviewing court to determine whether a locality’s denial was “supported by substantial evidence contained in a written record,” §332(c)(7)(B)(iii), or whether a locality had “unreasonably discriminate[d] among providers of functionally equivalent services,” §332(c)(7)(B)(i)(I), or regulated siting “on the basis of the environmental effects of radio frequency emissions,” §332(c)(7)(B)(iv), if localities were not obligated to state their reasons for denial. And nothing in the Act suggests that Congress meant to use the phrase “substantial evidence” as anything but an administrative law “term of art” that describes how “an administrative record is to be judged by a reviewing court.” United States v. Carlo Bianchi & Co., 373 U. S. 709, 715. Pp. 6–8.
2. Localities are not required to provide their reasons for denying siting applications in the denial notice itself, but may state those reasons with sufficient clarity in some other written record issued essentially contemporaneously with the denial. Pp. 8–13.
(a) Nothing in the Act’s text imposes a requirement that the reasons be given in any particular form, and the Act’s saving clause, §332(c)(7)(A), makes clear that the only limitations imposed on local governments are those enumerated in the statute. Localities comply with their obligation to give written reasons so long as those reasons are stated clearly enough to enable judicial review. Because an adversely affected entity must decide whether to seek judicial review within 30 days from the date of the denial, §332(c)(7)(B)(v), and because a court cannot review the denial without knowing the locality’s reasons, the locality must provide or make available its written reasons at essentially the same time as it communicates its denial.Pp. 8–11.
(b) Petitioner’s contrary arguments are unavailing. The statute’s word “decision” does not connote a written document that itself provides all the reasons for a given judgment. The absence of the word “notify” in the provision at issue also does not signal an intention to require communication of more than a judgment. Nor does an obligation to provide reasons in the writing conveying the denial arise from the “substantial evidence” requirement itself or from the requirement of court review “on an expedited basis,” §332(c)(7)(B)(v). It is sufficient that a locality’s reasons be provided in a manner that is clear enough and prompt enough to enable judicial review. Pp. 11–13.
3. The City failed to comply with its statutory obligations under the Act. Although it issued its reasons in writing and did so in an acceptable form, it did not provide its written reasons essentially contemporaneously with its written denial when it issued detailed minutes 26 days after the date of the written denial and 4 days before expiration of petitioner’s time to seek judicial review. P. 14.
731 F. 3d 1213, reversed and remanded.
Here is the decision in full (28 pages, PDF format): tmobile.v.roswell.13-975_8n6a
Update: Catalina Lehner, the wireless planner par excellence at the City of Albuquerque reminded me that the big winners in this case were, as usual, the lawyers. So true.
I’m very pleased to report that I just received notice that I have been
elected to Senior Member status in the Society of Broadcast Engineers (SBE).
I’m also an elected Senior Member of the Society of Telecommunications Engineers (SCTE, U.S. Society)
and an elected Fellow of the Society of Telecommunication Engineers (SCTE, U.K. Society).
In 2012, at the behest of the wireless industry (and specifically the PCIA), Congress passed and the President signed the Middle Class Tax Relief and Job Creation Act. Buried within the hundreds of thousands of words in the Act are 149 word comprising Section 6409(a) dealing with wireless site collocations.
Here are those 149 words:
SEC. 6409. WIRELESS FACILITIES DEPLOYMENT.
(a) FACILITY MODIFICATIONS.
(1) IN GENERAL. Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104–104) or any other provision of law, a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.
(2) ELIGIBLE FACILITIES REQUEST. For purposes of this subsection, the term ‘‘eligible facilities request’’ means any request for modification of an existing wireless tower or base station that involves —
(A) collocation of new transmission equipment;
(B) removal of transmission equipment; or
(C) replacement of transmission equipment.(3) APPLICABILITY OF ENVIRONMENTAL LAWS. Nothing in paragraph (1) shall be construed to relieve the Commission from the requirements of the National Historic Preservation Act or the National Environmental Policy Act of 1969.
As you can imagine reading the plain words of this portion of the Act, it doesn’t make a lot of sense. Most of the key terms are undefined. Terms like, “wireless tower”, “base station”, “transmission equipment”, and my personal favorite, “substantially change the physical dimensions.”
More important, this Act is Congress commanding that “a State or local government may not deny, and shall approve, any eligible facilities request…” Lawyers know that these types of words implicate the Tenth Amendment to the Constitution, and are designed and intended to “blur the lines of political accountability” by isolating those who intend the result (here, Congress) from those who have to produce the result (the State and local governments commanded with carrying out the law). For more on the unconstitutionally of Section 6409(a), see John Pestle’s expansive review linked via his blog.
Notwithstanding the constitutional issues of the law, until struck by a court, state and local governments are bound to follow it. After the law became effective, those state and local governments started amending their local laws and ordinances to create the gap-filling definitions necessary to make rational sense of the law.
It turns out that those state and local governments had their own ideas how to fill in the missing definitions in a way that made sense in the local setting. The wireless industry was not amused.
As the expert agency for telecommunications, in January 2013 the FCC’s wireless bureau stepped in offering a non-binding guidance on what it thought Section 6409(a) meant and how it should be made operational in practice. The state and local governments were not amused.
In September, 2013 the FCC released a Notice of Proposed Rulemaking (“NPRM”) to pave the path to formal rules that would have to be followed by states and local governments.
Today the FCC Commissioners adopted rules flowing out of the NPRM process to explain what Congress intended through 47 U.S.C. § 1455(a), and what it really means. Congressional intent is an interesting subject all by itself because in connection with Section 6409(a), Congress was mute. There were no speeches or floor debates during the adoption phase, and the only record comment came after the law was adopted. That one comment actually misstated the law that was adopted. Oh well.
As of the initial posting of this blog item, the Report and Order are not yet out. I’ll post the R&O when it’s available.
Here is the audio of the item. The running time is 27 minutes, 23 seconds.
(Updated 5:29 p.m. PDT to include the prepared remarks of the Chairman.)
FCC Chairman Tom Wheeler presented the keynote speech on October 1, 2014 at the National Association of Telecommunications Officers and Advisors (NATOA.ORG) Annual Conference in St. Paul, Minnesota.
The running time of the lecture is just under 30 minutes, and this is a ‘must listen’ lecture about issues important to the Commission, the telecom industry, and governments.
For those of you who are interested in the pending FCC Report and Order on Broadband Deployment (the ‘6409(a)’ NPRM) start at 20:35. That portion is about 1 minute long, but contains very interesting clues as to how the Commission will address the comments received from the industry and governments and frame the pending rules.
Chairman Wheeler’s prepared comments are presented below the audio link.
Jonathan Kramer
(From: http://www.fcc.gov/document/remarks-fcc-chairman-tom-wheeler-natoa-annual-conference)
Remarks of FCC Chairman Tom Wheeler
National Association of Telecommunications Officers and Advisors
Annual Conference
October 1, 2014
Thank you, Tony Perez, for that introduction. I join in congratulating the winners of NATOA’s Community Broadband Awards.
It’s great to be at the NATOA meeting here in Minnesota. Perhaps that explains why as I look out across this assemblage, all the women are strong, the men are good-looking, and the policy proposals above average.
A native Minnesotan, in fact, provides us with the intellectual foundation for our discussion today. It was the son of Hibbing, Minnesota, Bob Dylan who wrote, “You better start swimming or you’ll sink like a stone, for the times they are a-changing.”
That is the challenge we all face. There is no doubt that high-speed broadband – wired and wireless – is a-changing everything. Those who embrace these changes will help write the future. Those who don’t will…well…sink like a stone.
NATOA and the FCC are swimming to the common goal of making sure that communities across America – large and small – have access to robust broadband networks that deliver the benefits of broadband connectivity to all citizens.
But you may have noticed that not everyone is swimming alongside that effort. There are those who seek to block the competitive forces that can produce faster, cheaper, better broadband; those who make it difficult to build out the infrastructure necessary for the broadband future; and those with which both you and we have to contend that would use changes in technology as an excuse to sidestep the responsibilities network operators have always had to their users.
Today, I would like to visit about our responsibility to overcome this resistance and ensure that our nation has the networks necessary for the jobs, economic growth, and quality of life that will determine our nation’s place in the 21st century. Yes, that is a dramatic statement; yes, it is that important; and, yes, I know it is easier to say than to do.
You, in your positions in your communities, and my colleagues and I, in our positions at the FCC, have responsibilities, not just to the consumers and networks of today, but also to the consumers and networks of tomorrow. Here is the reality confronting us:
A minute ago I spoke of the responsibilities of networks. For the better part of a century, there has been a set of principles that has defined the relationship between those who build and operate networks and those who use them. I call this the “Network Compact” and our goal as regulators and policy makers is to assure that these principles continue to define that relationship into the future. These principles include:
There are those who argue that the move from analog networks to IP networks changes these principles. They are wrong. The form these responsibilities take may change in an IP world, but the principles do not – and should never – go away.
As we transition to an all-IP world, the challenge confronting those of us in this room is how do we preserve these values that we have come to expect from our networks, while seizing the opportunities that our new networks promise? So let’s address these issues head-on – starting with competition.
Competition works, and how we behave determines whether there will be competition. The existence of four national wireless carriers, for instance, is an important national priority and we worked to protect that reality. Similarly, there cannot be effective competition in wireless without new spectrum and without assuring that the most advantageous low-band spectrum is available to all competitors. We are doing both of those as well.
The advantages of competition are so obvious and ingrained in the American psyche that many local communities have stepped up to facilitate it where the private sector has not. Communities are listening to the needs of their citizens and enterprises, engaging community stakeholders, and focusing on delivering competitive broadband services to respond to those needs. As you know, two communities – Wilson, NC and Chattanooga, TN – have petitioned the FCC to preempt the laws enacted by state legislatures that prohibit them from expanding their community-owned broadband networks. There are currently laws in 19 states that impose restrictions of one kind of another on such local decision-making.
We will make our decision on those petitions on the record and on the merits. I am not going to comment on them any further.
However, I do encourage you to consider how local choice and competition can increase the broadband opportunities for your citizens. I love the story of Lafayette, Louisiana where the local incumbent fought the city’s fiber network tooth and nail, bringing multiple court challenges and triggering a local referendum on the project. Thankfully, none of the challenges managed to prevent deployment – sixty-two percent of voters approved of the network in the referendum, and the Louisiana Supreme Court unanimously sided with the city – but they did delay deployment almost three years. When the network was finally built, the community experienced the benefits of competition, as the local cable operator decided to upgrade its network. Local choice and competition are about as American as you can get.
Those American principles can play an important and essential role in assuring America’s future.
Here’s where you and other local officials become critically important. If the infrastructure necessary to build out both wired and wireless broadband networks doesn’t receive the prioritization that it warrants as a major national undertaking, then all the efforts to achieve faster, cheaper, better broadband service that will enhance our nation’s competitiveness, create quality jobs for our fellow citizens, and introduce services that will redefine both our commerce and our culture will be for naught.
I know this is often a zoning matter in which you are as much an observer as we are. In those instances where some of you may have a role, however, I encourage you to be pro-active. In those instances where it is others who have the authority, I urge you to stand up for your telecommunications responsibilities. I understand the very real and very strong Not-In-My-Backyard sentiments. Everyone wants cellphone service but no one wants cellphone antennas in their neighborhood. Everyone wants access to state-of-the-art transmission service, but no one wants the neighborhood streets dug up. It reminds me of another folk song: “Everyone wants to go to heaven, but nobody wants to die.”
However, we’re talking about a national priority; about the maintenance of economic leadership; about America’s continuing to be the home of innovation. We must find ways to enable the extension and expansion of broadband infrastructure. Local officials with permitting authority have a special obligation to both their own communities and to the larger society. It is simply impossible to have the connectivity our nation requires without the necessary infrastructure. While there is an understandable desire to engage in cognitive dissonance of wanting connectivity but not its consequences, as policy makers we must resist within reason such myopia.
In that regard, we must build on and expand the creative thinking that has been the hallmark of the good work many of you have done to facilitate advanced broadband builds around the country. It’s great that NATOA has developed best practices on tower siting and is updating those practices. And as I understand it, there is also a guide on rights of way issues, but it’s 12 years old. Things have changed a bit in the last dozen years. I encourage you to update your rights of way guide.
You have the ability to develop national best practices that embrace strategies that have been shown to work in today’s technological and economic environments – strategies that embrace new technology and new ideas to facilitate the timely deployment of wired and wireless broadband. There is a reason Google Fiber developed a “City Checklist” to aid in determining where to invest in gigabit fiber. It contains simple things, like timely and accurate information about and access to poles and conduit. These low-cost steps are relevant to all broadband providers; we must bring those insights to all localities.
At the FCC, we will use our authority to attack the broadband deployment challenge. We will work with you, so that national best practices are included in our Agenda for Broadband Competition…the ABCs of consumer choice in the 21st century. We will also move on our own authority. Last Friday I proposed to my colleagues a new set of federal policies on the siting of wireless facilities. This proposal will take concrete steps to immediately and substantially ease the burdens associated with deploying wireless equipment – particularly for collocations and deployments of small-cell systems that can be installed unobtrusively on utility poles, buildings, and other existing structures. At the same time, my proposal preserves the front-line authority of local and Tribal governments to determine which structures are appropriate for wireless deployments, as well as authority to enforce building codes, electrical codes, laws related to health and safety, and to require companies to use camouflage or concealment designs. The Commission will consider this item at our next open meeting on October 17.
There is another component of our broadband responsibilities, and that is video programming. We’ve been hearing a lot lately that access to video is necessary for broadband deployment because consumers increasingly watch video online and that translates into more demand for video-quality broadband. So if we can make it easier for video choices to come to communities, we should be able to incent more broadband competition as a result.
Broadband becomes more economically viable, we are told, when it is bundled with video services. In a perverse way, then, how localities handle video competition can determine whether they will have broadband competition.
I want to close my remarks by emphasizing one other place we must work together – public safety.
Robust, accessible 911 service is central to our shared public safety missions.
The transition to all-IP communications raises new challenges for 911.
We are used to thinking about 911 outages as a result of acts of nature: a hurricane, a tornado, vast flooding.
But there is a new threat. The emerging Next Generation 911 system is more complex than the legacy 911 system and relies more extensively on infrastructure, resources, and relationships that are multistate or national in scope. It is supported by a larger number of service providers, including new entrants that are offering new, niche functionalities.
Innovation is good, and we want NG 911 to support new forms of emergency communications.
But the creation of new, complex systems where no one is responsible, and where the system as a whole lacks reliability and resiliency is not acceptable.
The threat is real….and growing.
In April, citizens in seven states lost access to 911 for six hours…six hours! More than 5,600 911 calls did not get through because of a software glitch in an outsourced database!
This August, there was a 911 outage in one of the nationwide wireless networks, and there was an outage in Vermont that knocked out 911 service statewide for nearly an hour.
The fact that these outages occurred, and the common issues they raise, are evidence of the challenge we face, and suggest that we are at risk of experiencing far worse failures if we don’t take action now.
We recognize that states and local governments also have long-standing and significant responsibility for 911 service within their jurisdictions. We believe the best approach is a partnership between the FCC and state and local authorities to ensure that there are no gaps in the reliability of the entire NG911 system. The FCC’s staff has worked closely with state and local officials to investigate these outages, and, at our open meeting later this month, will be presenting the findings of this investigation, as well as recommendations for concrete steps to promote end-to-end reliability and accountability of the 911 system.
The critical point is this: neither we at the federal level nor you at the state and local level have the ability to ensure end-to-end 911 reliability on our own – we must work together.
We must work together, not just on 911, but on all the topics I’ve discussed today.
When competitive broadband options don’t exist, let’s work together to create an environment that encourages investment to switch-on America’s competitive genius.
When there is no broadband availability at all, let’s work together to get infrastructure deployed by any and all entities willing to step up to meet the challenge; and
When providers begin to retire legacy networks for newer technologies let’s work together to make sure that the expectations of consumers and businesses continue to be met, including access to 911.
For the times they are a’changing. Let’s work together to embrace the new opportunities and build a better tomorrow.
Thank you.
I had the pleasure of having lunch today with Ken Schmidt, President of Steel in the Air. Although we have talked many times over the years, this is the first time we have met in the flesh.
Ken is exceptionally knowledgeable in the same areas where I and my associates practice, specifically in wireless leasing and telecom matters. We have been very friendly competitors over the years, and we enjoy talking shop about what’s happening in the leasing and regulatory worlds.
Like yours truly, Ken serves as an expert witness in wireless matters.
I always learn valuable things from Ken. Today, I also learned how much I enjoyed having lunch with him.
Jonathan
Poor T-Mobile. It’s the jilted bride, now twice over.
Sprint walked away from the altar conceding that U.S. regulators would not approve the marriage between the #3 and #4 wireless carriers that would leave the couple still #3.
What’s next for T-Mobile? I suspect the embittered bride will start looking for several smaller regional suitors to serially marry.
Will T-Mobile become a Bridezilla? Only time and the regulators will tell.
Jonathan