Cell and Wireless Tower Law: A Regulatory and transactional primer (Including Ethics-Social Media Posts by Attorneys)

Gerard Lavery
Bennett A. Givens
John B. Harris
Gerard Lavery | Best Best & Krieger LLP
Bennett A. Givens | Best Best & Krieger
John B. Harris | Frankfurt Kurnit Klein & Selz PC
On-Demand: July 21, 2022

$195.00 2 hour CLE

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Program Summary

Session l - Cell and Wireless Tower Law: A Regulatory and transactional primer - Gerard Lederer and Bennett Givens

There has been massive growth in cellphone towers, masts and antennas, 5G networks, and other technologies. Existing cell towers and sites are constantly being expanded or changed to support additional providers and new services needed to meet increased demand.

Municipalities are increasingly involved in two separate and distinct transactions involving the siting of wireless sites and wireless devices.: the regulatory approval of such sites and possibly real estate transactions for deployments of these wireless devices on government property. For counsel representing local governments and wireless providers, challenges that arise in wireless site leases/licenses include rates, revenue distribution, environmental, and zoning issues. Regulatory burdens are also changing with the enactment of FCC shot clocks and collocation fast tracks pursuant to the FCC’s 6409(a) rules and numerous state-level small cell laws.

Moreover, the development of small wireless systems involving access to rights-of-way creates complicated issues surrounding the intersection of zoning, right-of-way regulation, and proprietary issues. DAS providers and local governments around the country are seeking solutions to these challenges.

Listen as our panel of local government legal advisers discusses best practices for counsel to local governments to prepare for and deal with issues specific to cell towers and site applications and leases

Key topics to be discussed:

  • Developments driving deployment
  • What law governs the placement of wireless facilities?
  • Key issues in managing placement and design of wireless facilities
  • Do’s and don’ts in managing wireless placement
  • Leasing facilities to wireless providers

Session ll - Social Media Ethics – Top risks, developments, and emerging issues – John B. Harris

Every lawyer working today engages with social media in one way or another – even those that wish they didn’t have to. Whether it’s Facebook, Twitter, Instagram or plain old email, this form of communication entails risks – reputational risks for you and your firm, malpractice risks, and even disciplinary risks. This program will review the basic information all lawyers should know to protect themselves and their firms from the risks of using social media.

Key topics to be discussed:

  • Cybersecurity risks and scams to watch out for
  • Disciplinary risks: sexism, racism, and harassment online
  • Protecting client confidentiality under MR 1.6
  • Ensuring technical competence under MR 1.1

Date: July 21, 2022

Closed-captioning available


Gerard-Lavery_Best-Best-&-Krieger-LLP_myLawCLEGerard Lavery | Best Best & Krieger LLP

Gerard Lavery Lederer’s unique background as a nationally recognized telecommunications, cable, and small cell lawyer combined with his experiences as a registered federal lobbyist provides clients unparalleled service in seeking both legislative and transactional solutions. Prior to joining Best Best & Krieger LLP as a partner in the Municipal Law practice group in Washington, D.C., Gerry was an attorney with Miller & Van Eaton, a highly regarded local government rights of way law firm.

Gerry is one of the nation’s leading authorities on marketplace solutions for the seamless integration of cable and wireless technology into communities. He authored “Critical Connections” and “Wired for Profit,” two leading guides on the integration of telecommunications technology in the built environment. He developed the first model license agreements for access to buildings and rooftops to promote cooperative relations between telecommunications service providers and property owners, while protecting both parties’ interests. He has facilitated the negotiations on some of the leading cable franchise and small cell agreements in the nation.

Gerry advocates for public and private property owners regarding issues of law and policy arising from federal and state communications legislation and regulation. Gerry serves as legislative counsel and lead Washington advocate for TeleCommUnity, a collection of local governments dedicated to ensuring respect for local rights in federal legislative and regulatory activity. He has also led numerous FCC coalitions of local governments on cable and wireless regulations.

Since arriving in Washington, D.C. in 1985 as the City of Philadelphia’s Washington advocate, Gerry has served as Washington legislative counsel to a number of local governments and agencies, including as lead advocate for local governments on infrastructure issues and as general counsel of the United States Conference of Mayors. He has also served as executive director of advocacy and research advancement for the Building Owners and Managers Association, International and executive director of government affairs for the United States Telephone Association. Prior to his career in Washington, he served as the chief deputy city commissioner for the City of Philadelphia. This position oversees the city’s voter registration and election day. He is a member of the Federal Communications Bar Association and the National Association of Telecommunications Officers and Advisors from whom he has received numerous Ovation Awards and was the 2011 NATOA Member of the Year. Gerry was selected to the 2022 The Best Lawyers in America®®️ list for Communications Law and was named the Outstanding Associate Member of the International Municipal Lawyers Association in 2020.

Bennett-A.-Givens_Best-Best-&-Krieger-LLP_myLawCLEBennett A. Givens | Best Best & Krieger LLP

Bennett A. Givens is an associate at Best Best & Krieger LLP who focuses on telecommunications, land use, and real estate. He regularly assists clients in California and across the country with a wide range of regulatory and transactional matters involving broadband and fiber networks, cable and telecom franchising, leases and licenses, wireless communications, and public-private partnerships.

Bennett primarily represents public agencies, cooperatives, nonprofits and small competitive providers on a wide range of issues related to telecommunications infrastructure. While earning his law degree at Loyola Law School, Los Angeles, Bennett served as chief research editor for the Entertainment Law Review.


John B. Harris_Frankfurt Kurnit Klein & Selz PC_myLawCLEJohn B. Harris | Frankfurt Kurnit Klein & Selz PC

John B. Harris is a partner in the Litigation Group with more than 25 years of experience representing clients in high stakes civil matters and white collar criminal cases. He is a recognized leader in the professional responsibility and white collar defense bars.

In his legal ethics and professional responsibility practice, Mr. Harris defends law firms, lawyers, and other professionals against claims of legal malpractice, breach of fiduciary duty and fraud. He frequently represents law firms in disputes with current and former partners.

A central part of Mr. Harris’ practice is the representation of individuals and entities who are the subjects of either criminal or regulatory investigations. He has represented public figures, corporate executives and securities industry professionals against allegations involving collateralized debt obligation and mortgage fraud; anti-money laundering investigations; insider trading; securities and accounting fraud; and mutual fund pricing violations. In addition, he has advised clients on research analyst independence issues, Foreign Corrupt Practices Act cases, and “spy shop” matters. Mr. Harris understands that his clients are best served when charges are not filed by prosecutors and regulators, and he has had substantial success for his clients in accomplishing this result.

Mr. Harris was the Chair of the Professional Responsibility Committee of the New York City Bar Association, and is a former member of the New York City Bar’s Committee on Professional and Judicial Ethics, Committee on Professional Discipline, Judiciary Committee, and Task Force on Multi-Disciplinary Practice. He has served as a delegate to the New York State Bar Association House of Delegates and currently serves as a member of the State Bar Professional Discipline Committee. He acts as a mediator for the US District Court for the Southern District of New York, and has served as an expert witness.

Mr. Harris is also a member of the American Bar Association and the New York State Bar Foundation; served as Chair of the New York Regional Board and the National Civil Rights Committee of the Anti-Defamation League; serves as a member of the New York University Law Alumni Association; and serves on Law360’s 2022 Legal Ethics Editorial Board. He has been recognized in Super Lawyers magazine as a New York-area Super Lawyer for fifteen consecutive years.

Mr. Harris has litigated matters in New York State and federal courts (Southern and Eastern Districts), and appeared in numerous SEC, FINRA and Departmental Disciplinary Committee proceedings. Before joining Frankfurt Kurnit, he was a partner at Stillman & Friedman, P.C. and Ballard Spahr LLP. Previously, Mr. Harris was a reporter for The Hartford Courant. Mr. Harris is admitted to practice in New York and Connecticut.


Session l – Cell and Wireless Tower Law: A Regulatory and transactional primer | 1:00 pm – 2:00 pm

I. Overview – developments driving deployment. | 1:00 pm – 1:10 pm

II. What law governs the placement of wireless facilities? | 1:10 pm – 1:25 pm

  • Summary of federal statutes and regulations
  • How state and local laws relate to the federal statutes and regulations

III. Key issues in managing placement and design of wireless facilities | 1:25 pm – 1:40 pm

  • Under what circumstances can an application be denied? under what circumstances must it be approved?
  • Can the use of the right of way be limited or controlled?
  • Addressing changes in technology

IV. Do’s and don’ts in managing wireless placement | 1:40 pm – 1:50 pm

V. Leasing facilities to wireless providers | 1:50 pm – 2:00 pm

  • Understanding the terms of a deal by working through a traditional agreement

Break | 2:00 pm – 2:10 pm

Session ll – Social Media Ethics – Top risks, developments and emerging issues | 2:10 pm – 3:10 pm

VI. Cybersecurity risks and scams to watch out for; | 2:10 pm – 2:25 pm

VII. Disciplinary risks: sexism, racism and harassment online. | 2:25 pm – 2:40 pm

VIII. Protecting client confidentiality under MR 1.6 | 2:40 pm – 2:55 pm

IX. Ensuring technical competence under MR 1.1 | 2:55 pm – 3:10 pm