T-Mobile v. City of Newport News VA – Substantial Evidence, Not.

Posted on by Dr. Jonathan L. Kramer

In T-Mobile Northeast LLC. v The City Council of the City of Newport News, VA et al (EDVA Case No. 4:10cv82), the magistrate judge (Hon. T. Miller) spent a fair amount of time in his opinion discussing what constitutes substantial evidence in the way of claims of property devaluation resulting from the proposed installation of a cell tower.

Judge Miller said, “[a]lthough the Court is aware of the Fourth Circuit’s charge to not hold citizens to a standard which requires them to come armed with a slew of experts to defeat any CUP, the Court finds that such a nonspecific claim as to a possible decrease in property values for the general community falls closer to the “speculative” nature of comments less likely to be considered substantial evidence by the reasonable legislator.”  T-Mobile Ne. LLC v. City Council of Newport News, Va., No. 4:10cv82, 2011 WL 1086496, at *6 (E.D. Va. Feb. 4, 2011).

In her decision adopting the recommendations of the magistrate judge, Judge Rebecca Smith made it clear that, “[ ] unsupported statements about fears of some possible reduction in home value without further evidence cannot form the basis of substantial evidence.”  (Emphasis in the original.) T-Mobile Ne. LLC v. City Council of Newport News, Va., No. 4:10cv82, 2011 WL 1103004, at *1 (E.D. Va. Mar. 23, 2011).

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AGL Bulletin: Lawsuit Tests Mettle of FCC Shot Clock

Posted on by Dr. Jonathan L. Kramer

The following is from today’s edition of the AGL Bulletin. A subscription link is below the article.

Verizon Wireless has filed a lawsuit against the Town of Irondequoit in the U.S. District Court, Western District of New York, concerning inaction on a proposed cell tower in the upstate New York town. It appears to be a good test case for the FCC’s shot clock, which is designed to ensure municipalities don’t drag their feet in processing cell tower applications.

“I was at the FCC when the shot clock order was issued, and I know that the sincere intent was to spur broadband deployment by creating a more efficient tower siting and collocation review process. Companies prefer to work things out with zoning authorities and lawsuits really tend to be a last resort,” said Monica Desai, Patton Boggs, former FCC official.

Back on June 18, 2010, Verizon Wireless filed an Application for Special Permit with the Town Board to replace an existing 20-year-old tower and equipment shelter at a local fire department with a new monopole and shelter, which could be used for collocation of the fire department and county public safety. The original tower is 62 feet in height with an antenna that reaches 82 feet AGL.

Seven months into the process, Feb. 11, 2011, the Town filed a positive declaration under New York’s State Environmental Quality Review Act, which triggers the time-intensive development of an environmental impact statement. A little more than a month later, Verizon Wireless filed its suit.

Verizon Wireless accused the Town of “unreasonably and repeatedly delaying” it from providing service where a gap currently exists. The carrier noted language in the Telecom Act requiring municipalities to act on requests to build wireless facility in a “reasonable time period,” and the FCC’s definition of that time period at 90 days for collocations and 150 days for new builds.

Both the Town Board and the Town Planning Board met in workshop sessions, followed by a public hearing last July at which the public voiced its concerns. The application was addressed again in a Town Board workshop in August, and a wireless consultant was subsequently hired to review the proposal’s technical aspects. A week later, Verizon Wireless supplied supplemental information, and another public hearing was held at which, according to Verizon Wireless, the same group of residents voiced the same concerns as they had at the earlier hearing.

In September, Verizon Wireless performed two days of crane/transmitter testing to fulfill requirements of the consultant’s report. The tower was scheduled for a vote in September but a supplemental report by the consultant caused an adjournment until October. Two more public hearings were held in October, but the vote was postponed to November because Verizon Wireless had not completed the analysis of its testing.

Also in October, the consultant supplied two supplemental reports requiring additional information from the carrier, a repeat of the crane/transmitter testing by an independent party, the effect of the tower on property values, the structural stability of the tower, sound levels from the on-site generator, title issues on adjoining property and the provision of data services on the tower in addition to voice.

On March 18, 2011, Verizon filed suit against the Town. “The defendants have engaged in unnecessary delays and have unreasonably failed to take final action on the application,” Verizon Wireless wrote in its complaint. “The delays … have put the fire district site application into its 273rd day as of the day of this complaint; far more than the 150-day limit previously prescribed by the FCC.”

But Verizon may face a Shot Clock Order problem of its own making, according to Jonathan Kramer, a lawyer and RF engineer representing governments.

Kramer notes that Section 332(c)(7)(B)(v) of the Telecom Act allows an aggrieved party to file suit “within 30 days after such … failure to act” by a State or local government.

The FCC’s Shot Clock Order clarified when the 30 days begins. Kramer cites that portion of the Order, which says “Specifically, [the Commission finds] that a ‘reasonable period of time’ is, presumptively, 90 days to process personal wireless service facility siting applications requesting collocations, and, also presumptively, 150 days to process all other applications. Accordingly, if State or local governments do not act upon applications within those timeframes, then a ‘failure to act’ has occurred and personal wireless service providers may seek redress in a court of competent jurisdiction within 30 days, as provided in Section 332(c)(7)(B)(v).”

Kramer points out that Verizon admits in its complaint that it waited 273 days from the date of its initial application filing to commence the lawsuit against the Town. Under the shot clock order, the lawsuit should have been filed on or before the 180th day. The delay in filing its lawsuit, according to Kramer, may deal a knockout-blow to Verizon’s shot clock claim.

If you are involved in wireless and tower siting/planning issues and don’t already subscribe to Above Ground Level (AGL), then you should subscribe today at  http://www.agl-mag.com/subscribe.html

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Orgonite: The Cure for Cell Towers!

Posted on by Dr. Jonathan L. Kramer

I’ve just learned about an amazing but little known homemade compound structure that can protect people from cell towers. It’s called Orgonite, and you can make it at home.

According to the following text I found on the Internet, Orgonite has amazing properties! According to the Orgonite web site:

Orgonite: A proven effective solution.

This is a purely informational site about orgonite, a simple compound anyone can create in their backyard with fairly inexpensive, widely-available materials which balances ambient energy by turning the negative energy into positive energy, with many easily-confirmed effects. Orgonite does this continuously, 24 hours a day, 7 days a week, without electricity.

Quick Facts About Orgonite:

* Simple. Easy to make. Works continuously.
* Turns negative energy into positive energy.
* Purifies the atmosphere, detoxifies water, ends drought.
* Helps plants grow better, repel pests & require less water.
* Mitigates harmful effects of EMF radiation.
* Disarms and repels predatory forms of life.
* Inspires a pleasant demeanor and balanced, happier moods.
* Frequently remedies insomnia and chronic nightmares.
* Helps awaken your innate psychic senses.

The Orgonite web site goes on to describe the apparent magical properties of this homemade compound in connection with suppressing the negativity associated with cell towers:

It has been the experience of many chembuster enthusiasts that the widespread deployment of digital cellular communications towers across the populated areas of the world in the last several years has created a thick blanket of DOR/negative energy which saturates our homes and communities, promotes drought, negativity, fear, etc., and significantly hinders chembuster operation (among many other detrimental effects).

However, it has been widely experienced that these negative effects can be disabled and chembusters can be made to start working properly again simply by tossing or burying small muffin-sized chunks of orgonite called TowerBusters (TB’s) near all the cellphone towers in their area, an increasingly-popular activity which has become known as “gifting”, and is conducted literally all over the world now by thousands of selfless and highly-dedicated individuals and Internet-organized groups.

This site is intended to provide a basic, accurate, efficient introduction to orgonite for those interested in learning more about it. If you wish to perform further research, we have a comprehensive list of informational resources in our Further Reading section.

The positive, self-empowering effects of working with orgonite quickly become obvious to those who choose to make and use it. If you are interested in seeking your own confirmations of it’s effectiveness, please visit our section on How to Make Orgonite to find out how you can begin to improve the energy and create real beneficial changes in your home and community.

Here’s a video of someone “gifting” a cell tower:

So, now that you know about the amazing benefits that are achieved with Orgonite,would you like to make your own Orgonite Tower Buster? It’s so easy, and requires only the least amount of brainpower. When you see how Orgonite is made you’ll understand what makes these pucks so effective, especially if you inhale the fumes while mixing up a batch! (Which I certainly DO NOT recommend!)

You can visit the ‘how to make it page’ at the Orgonite web site by clicking here. It has step-by-step photo-illustrated instructions that you’ll find to be infinitely valuable, and oh-so-detailed!

To see a short video on how to mix up a batch of Orgonite ‘muffins’ to place around cell towers, click watch video below!

Okay, now you know all you need to cure yourself of the fear of cell towers!

Jonathan

PS: I had intended to post this message exactly two days ago, but I was too busy out shopping for magnetic bracelets and magical amulets. I found both, so now I’m feeling even better! jlk

PPS: Remember, if you read it on the Internet, it has to be true. jlk

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AT&T&T Likely to Have to Divest Portions of Networks

Posted on by Dr. Jonathan L. Kramer

Reuters is reporting that AT&T CEO Randall Stephenson believes that his company will have to divest portions of its existing wireless network to secure federal permissions to acquire T-Mobile.  Stephenson’s comments were made in New York at a Council on Foreign Relations event held on March 30, 2011

My suspicion is that T-Mobile will be similarly required to divest portions of its existing wireless network in the same or adjoining areas as those assets that AT&T will shed to make the deal work for the Feds.

The shed assets will help strengthen the remaining, small competitors, who will then become known as current take-over targets for other major players.

Stephenson also said at the same event that he expected consumer prices for wireless services to continue drop as a result of the proposed merger.  His comments came just hours before April Fools Day.

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AT&T&T?

Posted on by Dr. Jonathan L. Kramer

It’s no surprise that T-Mobile will soon cease to exist in the U.S.  What is a surprise is that AT&T is claiming the prize, rather than the widely-rumored suitor, Sprint/Nextel.

What is more of a surprise is that T-Mobile lasted so long before giving up the ship. T-Mobile has always played a game of the catch-up wanna-be to the legacy national carriers in the U.S. 

What does make sense is that AT&T, rather than Sprint/Nextel looks like the winner: Sprint/Nextel certainly needs access to more sites and licenses, but AT&T can make better use of T-Mobile’s assets, specifically the AWS-Band frequency assignments around 2100 MHz.

AT&T went the other direction when it focused, rightly, on gaining new 700 MHz frequencies for its LTE data (and later, voice) deployments.  By taking T-Mobile, AT&T gains more spectrum in the 1900 and 2100 MHz bands to add to its existing 700 and 860 MHz assignments.  Sweet.  AT&T’s recent purchase of the national 700 MHz band license from the ill-conceived and now all-but-defunct MediaFLO/FLO-TV operation of Qualcomm makes even more sense given the pending marriage with T-Mobile.  Sweeter.

Sprint could not have benefited to the same degree as AT&T given that it does not have 860 MHz band assignments (yes, I’m discounting the Nextel assignments for this discussion since those have turned out to be such a poor deal for Sprint).

IF THIS DEAL GOES THROUGH, and there’s certainly a big IF in there, I suspect that the even-newer AT&T will be forced by the DOJ/FTC/FCC to sell off chunks of the existing networks of both firms.  This has been the trend in prior mergers/buy-outs, and it’s unlikely that this deal will not see sales of major network assets in the name of competition.

What’s next?

For site landlords, in about a year it will be time to take out their AT&T and T-Mobile lease contracts and look at those transfer terms.  It’ll be a really interesting time for site lessors with both AT&T and T-Mobile currently collocating at the same site.

For other wireless carriers, this deal will force some shotgun marriages. 

I predict that Sprint/Nextel will now look to MetroPCS.  Verizon will look at MetroPCS, too.  This may also be the start of the end-game for Cricket Wireless.

Finally, many of the roaming contracts between the biggies and the smaller regional PCS and cellular carriers contain buy-out options (the biggie can for the sale of the small fish).  We’ll see Verizon continue its aggressive campaign of Roam-to-Buy as a first step of blunting the AT&T/T-Mobile deal.

For now I think we should start calling the new network: “AT&T&T”!

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The GPS World Lines Up Against LightSquared

Posted on by Dr. Jonathan L. Kramer

In yet another bold step to block LightSquared from initiating its high-powered terrestrial wireless service on a band adjacent to the GPS weak signal downlink band, a consortium of GPS manufacturers and industry users have formed the “Coalition to Save Our GPS” (on the web at SaveOurGPS.org).

This site has various news clipping and documents related to the anticipated interference to GPS from LightSquared’s planned operations.

Presently, the consortium members include:

Aeronautical Repair Stations Association
Air Transport Association
Aircraft Owners and Pilots Association
American Association of State Highway and Transportation Officials
American Rental Association
Associated Equipment Distributors
Association of Equipment Manufacturers
Case New Holland
Caterpillar Inc.
Deere & Company
Edison Electric Institute
Esri
Garmin
General Aviation Manufacturers Association
National Association of Manufacturers
OmniSTAR
Trimble

This is a very public ‘front’ for this fight.  Can print ads and radio spots be far behind?  I think not!

LightSquared has a report due to the FCC tomorrow (March 15). That was a particularly bad day for Julius Caesar; how will it turn out for LightSquared?

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VZ, VZW Steps Up For Japan

Posted on by Dr. Jonathan L. Kramer

Verizon Offers Free Calls to Japan From March 11 to April 10

Verizon Wireless Customers Can Text to Japan for Free

NEW YORK – March 14, 2011 – To help its customers contact loved ones in the aftermath of Japan’s devastating earthquake and tsunami, Verizon is enabling most wireless and residential customers to make free calls to Japan through April 10.

All Verizon Wireless post-paid customers will receive free calling to Japan from March 11 through April 10.  Post-paid customers are those who receive a monthly bill from the company.  In addition, Verizon Wireless post-paid customers will receive free text and multimedia messaging to Japan for the same time period.

Verizon Wireless has also made it easy for customers to text donations to a host of nonprofit organizations responding to the earthquake and subsequent tsunami.  Customers can easily make a $10 donation by simply sending a text message and may choose from nine organizations aiding those in need in Japan.

All calls made from a Verizon residential landline to Japan will be rated at $0.00 per minute, from March 11 through April 10.  Customers with Verizon World Plan (300, 500 or unlimited minutes of long-distance calling) can call Japan without using any minutes from their time-allotment blocks.

Additionally, Verizon Prepaid Phone Card charges for all long-distance calls placed to Japan from the U.S will also be waived from March 11 until April 10.

The company is also providing FiOS TV customers who are not subscribed to TV Japan with free access to the channel, through March 17.  The channel location is 1770.

* Only long-distance usage charges associated with calls made from residential landlines terminating to wireline or wireless destinations in Japan will be waived from Mar. 11 – April 10.  All other fees including taxes, surcharges, monthly recurring charges (MRCs), minimum spend levels (MSLs), monthly minimum charges (MMCs), etc will continue to apply.  Post-paid calling card charges to Japan will also be waived.

** If long distance calling fees were charged, credits will be issued in a future bill statement.

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Free AT&T In-Home Microcell?

Posted on by Dr. Jonathan L. Kramer

Findlaw is reporting that AT&T Wireless is offering some of its customers a free in-home microcell (sometimes called a femtocell) … for customer who repeatedly complain about dropped calls.

According to Findlaw, “If you have complained to AT&T about your coverage or have used their application to report dropped calls, you are likely to be contacted by AT&T regarding this offer. It’s something to consider if you haven’t already decided to switch to Verizon. Customers report already beginning to receive letters with offer codes in the mail. If you have difficulty with service at your home or office but haven’t received an offer in the mail, it’s probably wise to call AT&T and give them a little nudge.”

The AT&T “Mark the Spot” app, available at the iTunes Store, is your ticket to reporting AT&T service problems.  It’s also the apparent way to get AT&T’s attention that you should get one of their free femtocell.

This is an interesting tool for many reasons, not the least of which is that some smart municipal attorneys might very well look to ‘discover’ this data when AT&T files a law suit in light of a government’s siting permit denial.

…I’m just say’n…

Anyway, I do think that this is an interesting way to try to maintain customers who might be thinking about jumping to Verizon’s iPhone service (even with its data speed and multitasking limitations, but that’s a different posting).

For AT&T’s information on its in-house microcell/femtocell, CLICK HERE.

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LightSquared v. GPS Users: We’ll know on June 15, 2011

Posted on by Dr. Jonathan L. Kramer

At the direction of the FCC on January26, 2011 (See: http://tinyurl.com/lightsquared-fcc-file for all of the filings), LightSquared and the GPS Industry Council have formed a working group. The working group will conduct tests of LightSquared’s transmission system to determine whether LightSquared’s proposed filter solution will resolve the demonstrated potential for interference to GPS users within miles of each proposed LightSquared site.

The potential for LightSquared service to cause severe interference to GPS users was made clear in an ex parte teleconference presentation made on January 19, 2011 to the FCC by members of the GPS Industry Council.

Simply put, the GPS Industry Council’s testing discloses that LightSquared’s very high output power from its planned 40,000 sites, coupled with its proximity in frequency to the very weak GPS downlink band, forms a witch’s brew for catastrophic interference to GPS receivers. LightSquared’s system is to operate in the 1525-1559 MHz band, while the GPS downlink frequencies are in the 1559-1610 MHz band. You can read the ex parte notice and the presentation by clicking here.

LightSquared has stated that it take care of the potential interference to GPS users using filters. It’s unclear whether the filters are sufficient, or who would be expected to pay for the cost of the filters.

On February 25, 2011, Light squared submitted its first report to the Commission regarding its work with the GPS Industry Council. That report is linked here. The group’s next report is due on the Ides of March. The final report showing the results of the filter testing is due to the FCC on June 15, 2011.

To frame the uses and users who could be negatively affected by GPS interference, or the outright loss of GPS coverage, here’s an abbreviated list of users and uses:

Military: Locations; targeting; timing; network synchronization; stuff we don’t know about

Aviation: Precision landing systems; aircraft location; timing; network synchronization

Transportation: Vehicle location; timing; network synchronization

Local Governments E911; Vehicle location; timing; network synchronization

Industry E911; Vehicle location; timing; network synchronization; precision measurements; stuff we don’t know about

Non-Government Users Location; rescue; timing; network synchronization

Yeah, this is a big deal

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lightRadio? Really?!

Posted on by Dr. Jonathan L. Kramer

Bell Labs has unveiled its lightRadio cell site in a cube system.  It’s received a lot of press from around the world over the past few weeks about it being ‘THE NEXT BIG THINK TO KILL OFF TRADITIONAL CELL SITES.’

Well,  maybe not.

Digging a bit deeper into the apparent technology underpinning the system produces some interesting things to ponder.   To set the stage for what I think this lightRadio thing is all about, and how it fits into the grand scheme, first watch the video below of Tod Sizer, the head of the wireless group at Bell Labs, as he talks about developing the lightRadio antenna module. Then look at the chart below the video. When you’ve done that, then I’ll ‘resume’ this conversation.

 

 

 

 

 

 

 

 

 

 

As they say on TV, “Okay, we’re back…”

So what’s Mr. Sizer’s video tell us, and what does the chart mean?

Let’s start with Mr. Sizer’s video…  He talks about how the cubes can be stacked to provide directional signal control, similar to a macrocell site.  What’s not too clear is that each cube requires a backhaul connection using Internet Protocol (IP) back to…somewhere.  See the chart just above.

The deployment scheme is not too clear, but it sure looks like it has elements of DAS within it, or at least it seems closer to a DAS than it is to a self-contained macrocell or even a microcell.

Attention NextG, competition cleanup on aisle 5…

Given NextG’s history of suing where they believe someone is infringing on any shred of their DAS patents for network technology and deployment, I’ll just wait to see if they also think along the same lines I do regarding the possibility that the cube is really a micro DAS implementation.

This should be interesting, but it doesn’t appear to be the game-changer that the manufacturer would have us believe.

With apologies to Mr. Clemens, ‘Reports of macrocells’ deaths are greatly exaggerated.’

jlk

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