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

Gerard Lavery
Bennett A. Givens
Ronald C. Minkoff
Gerard Lavery | Best Best & Krieger LLP
Bennett A. Givens | Best Best & Krieger
Ronald C. Minkoff | Frankfurt Kurnit Klein & Selz PC

Live Video-Broadcast: July 21, 2022

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

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 / Time: July 21, 2022

  • 1:00 pm – 3:10 pm Eastern
  • 12:00 pm – 2:10 pm Central
  • 11:00 am – 1:10 pm Mountain
  • 10:00 am – 12:10 pm Pacific

Choose a format:

Live Video Broadcast/Re-Broadcast: Watch the Program "live" in real-time, must sign-in and watch the program on the date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.

On-Demand Video: Access CLE 24/7 via the on-demand library and watch the program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are viewable for up to one year.

Closed-captioning available

Speakers

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.

Ronald-C.-Minkoff_Frankfurt-Kurnit-Klein-&-Selz-PC_myLawCLERonald C. Minkoff | Frankfurt Kurnit Klein & Selz PC

Mr. Minkoff is one of New York State’s leading practitioners in the field of attorney ethics and professional responsibility, representing attorneys in a wide variety of matters including law firm partnership agreements, attorney departures and lateral hires, attorney discipline cases, legal fee disputes and legal malpractice and professional liability cases on behalf of both plaintiffs and defendants. He also provides ethics opinions and advice to a wide variety of law firm clients. He often serves as an expert witness in legal malpractice lawsuits and attorneys’ fees disputes.

Mr. Minkoff is a member of several Bar Ethics Committees, including the Committee on Standards of Attorney Conduct (COSAC) and the Committee on Attorney Professionalism of the New York State Bar Association. He is also the Treasurer of the New York County Lawyers’ Association, Co-Chair of NYCLA’s Task Force on Professionalism, a member of the American Bar Association Standing Committee on the Delivery of Legal Services, and a past President of the Association of Professional Responsibility Lawyers. He has written extensively for the New York Professional Responsibility Report, The Professional Lawyer, The New York Law Journal, and other publications. Mr. Minkoff is the former co-Managing Editor of the New York Legal Ethics Reporter and author of Lexology’s New York Professional Negligence Navigator. He has taught Professional Responsibility at Columbia University School of Law, New York University School of Law, Fordham Law School, Brooklyn Law School and Benjamin N. Cardozo School of Law. He is a frequent lecturer on the law of lawyering.

In addition, Mr. Minkoff represents businesses and individual professionals and executives in a wide variety of commercial litigation, including business break-ups, securities lawsuits, and domestic and international trade disputes. He has over 30 years of experience representing law firm partners and law firms in partnership formations, partnership disputes, lateral transitions and law-firm dissolutions. And he represents an internationally known petrochemist in an oil and gas venture dispute. Mr. Minkoff was a member of Chief Judge Lippman’s Task Force on Commercial Litigation in the 21st Century. He is on the Executive Committee of the New York State Bar Association.

Mr. Minkoff was named Best Lawyers in America 2019 “Lawyer of the Year” in Legal Malpractice Law – Defendants and 2011 “New York Ethics and Professional Responsibility Lawyer of the Year.” He is also recognized by Best Lawyers for his work in Commercial Litigation, Ethics and Professional Responsibility, and Legal Malpractice Law – Defendants. He has been named a New York-area “Super Lawyer” for Professional Liability: Defense Work and Business Litigation by Super Lawyers magazine for sixteen consecutive years.

Mr. Minkoff is a graduate of Columbia Law School (JD, 1980). He was an attorney at the Nassau County Legal Aid Society (1980-83), and was associated with Obermaier Morvillo & Abramowitz, P.C. (1983-85) and Owen & Fennell (1985-87). Mr. Minkoff was a member of Fennell & Minkoff (1987-94) and Beldock Levine & Hoffman (1994-2001) before joining Frankfurt Kurnit. He is admitted to practice in New York and local federal courts.

Agenda

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