Major Decision on 2006 Michigan Cable Law

Beware of Cell Tower “Lease Optimization”

Cities, churches and other property owners are getting letters from companies running "Lease Optimization Programs" for the major cell phone companies.  They ask for (or in some cases demand) significant changes to their cell tower leases. In general, say "no" to these requests. The reason is that the changes are harmful - sometimes very harmful - to the property owner.

Local Officials Will Take the Heat for Federal Rules Governing Cell Towers

Section 6409(a) of February's Middle Class Tax Relief Act purports to compel local governments to approve cell tower zoning collocation applications.  But it is probably unconstitutional.  Why?  Precisely because it compels local approval.

Churches: Should You Renew that Cell Tower Lease? Not So Fast

As a practicing attorney who represents property owners on cell tower leases, and as the head of the Finance Team at my own church, I am particularly sensitive to churches being approached to extend the term of their existing leases for cell towers or antennas on church property. Churches should view such proposed extensions (or other changes) of their existing leases for existing cell towers with great skepticism. Many existing leases unduly expose a church to risks and prevent the church from getting major rent increases.

FCC’s Cell Tower Zoning Shot Clock Orders

In January the Federal Fifth Circuit Court of Appeals upheld (but restricted the effect) of the FCC’s cell tower zoning shot clock orders. Here’s the link to our summary and analysis. But briefly ... In English, the court said if a municipality has much of a reason for exceeding the shot clocks, then any presumption it acted improperly goes away and the courts take an independent look at the pros and cons of whether taking more time was reasonable. And it went way out of its way to list quite a few items that might well justify exceeding the shot clocks. That is unusual and is at least partially due to the excellent briefing and arguments municipalities put forth.

Cell Tower Emissions (or RF Radiation) Part II

What municipalities can do in zoning matters about RF emissions is four things: First, at the start of zoning hearings, state that due to Federal preemption, it can’t consider testimony on RF emissions.  Second, if people start to talk about it, politely ask them stop.  Third, if they persist, tell them that if they continue, it may well lead to the cell tower being approved, which is the opposite of what they want!  And fourth, require tests to show compliance with the FCC emissions safety rules.