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Cable and Municipalities

Overview

PCS/Cellular/Broadcast Towers

We represent municipalities on zoning and land use matters for cellular and PCS towers, having developed a model cellular tower zoning ordinance, which has been used by several hundred municipalities. We also assist municipalities in leasing land for cellular/PCS towers (or space on water towers and municipal buildings for cellular/PCS antennas) and have developed model forms of leases for such situations. We have filed comments with the FCC on behalf of numerous municipalities opposing FCC attempts to preempt municipal authority over cellular or broadcast towers.

Telecommunications/Rights of Way

We represent municipalities who are franchising or granting permits to new telephone companies to construct facilities and provide service. This includes the development of ordinances to cover the award of franchises or permits to all telephone companies. We represented some of the first communities in the country who franchised a new, local phone company to compete with the current phone company.

We were very active in obtaining provisions in the Federal Telecommunications Act of 1996 to protect municipalities' rights to franchise telephone companies, manage their rights of way and obtain compensation for its usage, as well as comparable provisions in Michigan telecommunications legislation.

Municipally Owned Cable Systems

Some communities provide cable service through a municipally owned system, generally at rates around half that of private cable companies. We have represented several cities with such systems and have assisted cities in their investigation of creating a municipal cable system. We defended one city with a municipal cable system from 1984 to 1992 against constitutional and antitrust challenges brought by a competing private cable company with higher rates. The firm also represents other municipal cable systems on selected matters.

Customer Service

We were actively involved in securing amendments to the 1992 Cable Actwhich enhance municipalities' ability to enact customer service ordinances so as to protect their residentsparticipated in the FCC's customer service rulemakings on national cable customer service standards and have prepared model cable customer service ordinances for municipalities to use.

Municipal Practice/Background

Our firm has a large municipal practice. We are municipal counsel for several cities and townships and provide specialized legal services to many other municipalities. As a result, the firm is knowledgeable about municipalities, how they work and their cost constraints. We bring this experience when working with municipalities on cable matters. For many years, members of the firm have been on the governing council of (and chaired) the Municipal Lawyers Section of the State Bar of Michigan. A member of the firm was chairman of the Legal Section of the American Public Power Association. The firm is also active in the International Municipal Lawyers Association and the National Association of Telecommunications Officers & Advisors.

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