New Jersey Land Use Wireless Telecommunications Update
Date: Nov 10, 2023 10:00 a.m. – 12:00 p.m.
Member Price: $140
Non-Member Price: $175
Areas of Law: Land Use, Local Government
Earn up to 2.4 credits! (More Information)
- Gregory D. Meese, Esq.
- Price Meese Shulman & D'Arminio PC, Woodcliff Lake
- Edward W. Purcell, Esq.
- Price, Meese, Shulman & D'Arminio, P.C., Morristown
Presented in cooperation with the NJSBA Land Use Law Section
Attendees will learn about new case law and the legal standard that is to be used in the review of wireless facility siting applications. The case law and new legal standards are important to the practitioners who represent or have interest in local zoning for telecommunications towers and transmitters.
Content includes summary of new case law which defines what is an actionable prohibition of service under the 1996 Telecommunications Act. Specifically, how the standard is met not only with respect to the filling of significant gaps in a carrier’s coverage, but also how the standard is met a carrier is densifying a wireless network, introducing new services, or otherwise improving service capabilities.
The new standard of review also contemplates the totality of inhibiting factors, including costs and unreasonable delay. This is an important change in the law and something that not only industry attorneys but also, objector’s attorneys, land use board attorneys and municipal attorneys should be aware of.
- 10:00 - Overview of 1996 Telecommunications Act
- 10:25 - The “least intrusive” standard for placing wireless facilities
- 10:45 - The Federal Communications Commission 2018 Third Report and Order
- 11:05 - Overview of Cellco Partnership v. White Deer Township
- 11:35 - Impact on local review of macro-cell towers and small wireless facilities, internet transmitters and practice pointers
- 12:00 - Adjourn