HomeMy WebLinkAbout990832.tiff VARNUM, RIDDERING, SCHMIDT & HOWLE 1 ,Y•A .i•Y
ATTORNEYS AT LAW +.�.
BRIDGEWATER PLACE t.1 +• I CT
POST OFFICE BOX 352 • GRAND RAPIDS. MICHIGAN 49501-0331x. I r Iv. 7'
TELEPHONE 616/336.6000 - FAX 6161336-7000 e
JAMES N.De9'JER JR JACK D.SAGE LAWRENCE P BURNS DONALD P LAWLESS MICHAEL X HIDALGO TpI�FGEk' SON' (cnmxl
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WILLIAM K.VANT HOF JEFFREY L.SCHAD MATTHEW I)ZIMMERMAN MICHAEL S McELWEETHOMAS G.KYRK? Fdy FCRJ)1 WILLIAM I HALLII)AY,JR
HILARY E SNELL THOMAS G.DEMLING WILLIAM E ROHN JA(OUELINE 0 S(Y)TT ALFRED L SCHUBKEEiEL.IR. iEC N&J LEVPNSON I ERRAN(1 R BACON
KENT VANA JOHN W PESTLE JOHN PATRIC(WHITE N STEVENSON JENNE I.L III PAMELA I.TYLER STEPHANIE R SETTI RINE I ON PETER VISSERMAN
CARL E VER BEEK ROBERT P COOPER CHARLES N.DENTON PETER)LIVINGS ON MARY C.BONNEMA ALLYN R LERSPER PRID M WOODRUR
JON FRWITT FRANK G.DUNTEN.PC PAUL M KARA DAVID E PRESTON ION M.BYLSMA DEANE REISNER DAVID L PORTEOUS
JOHN C CARLYLE NYAL D DEEMS JEFFREY 0 SMITH JEFFREY W BFSWI(TK JOSEPH R LEVAN ANGELA Al.SEICKEI (I]NARK MUIb}NAN.JR
DONALD L JOHNSON RICHARD A HOOKER MARK L COLLINS ELIZABETH JOT FOSEL DALER RIETBERG PAUL M MORGAN )JL ENE L.SHEILMAN
DANIEL C MOLHOEK RANDALL W KEAKER JONATHAN W ANDERSON JOAN SCIREF MARK M DAVIS BRADLEY E WELLER FIT HARD O.RATHBURN
THOMAST HUFF PETER A SMIT CARL OOSTERH(IUSE,PC SCOTT A HCIZENGA HARVEY KONINO CHARLES ASH PETER ARMSTRONG
TIMOTHY J.CLRITIN MARILYN A TANKER WILLIAM J.LAWRENCE III MICHAEL P KELLY LINDA L GUNGE RANDALL].GIIOENI YK
DIRK HOEIUS THOMAS L LIXXHARI SUSAN M WYNGAARDEN KATHLEEN P R)CHTMAN ANTHONY R COMDEN ELIZABETH A.IAMIECON I I
J TERRY MORAN ROBERT L DIAMOND KAPLIN S JONES,PC JEFFREY J.FRASEN BEVERLY HOLADAY MARK E NECTEON 1 WILLIAM HUIIAINAY.
THOMAS I BARNES BRUCE 0 HUDSON STEPHEN P.AENCOLtiS RICHARD 0 FRIES ERIC C FLEETIAM DANIELLE REDMONI SIREEP R ST UART HIFFIUS
ROBERT D KULLGREN BRUCE GOODMAN DAVID E KHOREY JAMES STADLER RICHARD B EVANS MARK E HILL EUGENE ALKEMA
RICHARD A.KAY JOSEPH J.VLTAN MICHAEL G.WOOLDRIIXE RICHARD R.SYMONS PAMELA II BOUWMAN SUSAN S DICKINSON TXORIX)N B BOOZER
LARRY J TITLEY ERICJ.SCHNEIDEWINII TIMOTHY)TORNUA ANDREW J.KOK CELESTE R.GILL PAUL I GRENWALI. II SWARD PAUL
BRACE A.BARNHART LAWRENCE J MURPHY PERRIN RYNDERS PATRICK A MILES JR. RICHARD A SAMDAL MARY E MACLLtYD
FREDRIC A SYTSMA TERESA S DECKER MARK S.ALLARD ERIC)GUERIN DEBORAH I ONDERSMA
PHILIP A.(IRASHOE JR JEFFREY R HUGHES TIMOTHY E EAGLE STEVEN I MORREN SCOTT:T ALFREE
JOHN W.ALLEN RICHARD W BUTTER. R. DAVID A.RHEM KEVIN ABRA]1AM RYNBRANDT LANCE E LQ.ARK
MEMORANDUM
FROM: John W. Pestle
RE: Cable Franchises and Cellular Towers
DATE: March, 1999
Municipalities face challenges in the cable/telecommunications area due to Federal laws which(1)--
impose some restrictions on local zoning authority over cellular/PCS towers and(2) -- set forth significant
restrictions on the procedures and substantive terms involved in renewing cable television franchises. The
situation is exacerbated by the cellular and cable industries frequent misstatement of Federal law.
In response,we have developed the following model documents to help municipalities and municipal
attorneys on cellular and cable matters as follows:
• Model cable television franchises
• Model cellular/PCS zoning ordinance
• Model lease of municipal property for cellular tower or antenna
These documents are described briefly below and in more detail on the three individual memos that
are attached. They are a result of the work by our firm's Energy and Telecommunications Practice Group
which assists municipalities and municipal attorneys nationwide on Federal aspects of cable and
telecommunications matters. We have represented over 200 municipalities in more than a dozen states on
Federal aspects of such items as cable television matters, cellular zoning matters and resisting attempts by
the Federal Communications Commission to preempt municipal authority. We have also represented entities
such as the National League of Cities, U.S. Conference of Mayors, National Association of Counties,
National Association of Telecommunications Officers and Advisors and state municipal leagues in Federal
Communications Commission proceedings and U.S. Sixth Circuit Court of Appeals cases involving
municipal authority on cable and telecommunications matters. / / A
Con$erit N_i4 -99 GRAND RAPIDS KALAMAZOO LANSING • GRAND HAVEN MILWAUKEE L L - 990832
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VARNUM, RIDDERING, SCHMIDT & HOWLETTur
ATTORNEYS AT CAW
Model Documents: Our model cellular tower zoning ordinance; model cellular tower lease and
model cable television franchises (shorter form and a longer form) are described in detail on the three
attached memos. They are priced from$225 to$450,are provided in hard copy and computer disk,and are
an effective and cost effective way for a municipality and its municipal attorney to address these topics.
Mailings: From time to time we send mailings, typically to alert municipalities of efforts by
Congress or the FCC to preempt municipal authority on cable/telecommunications matters. To receive
future such mailings please return the form below.
More Information: Our principal attorneys who assist municipalities on cable and
telecommunications matters are John Pestle, Patrick Miles, Peter Armstrong and Terry Decker. Short
biographies are set forth on the attached sheets. To obtain our statement of qualifications and longer
biographies please call or return the form below.
O Please send me the firm's Statement of Qualifications on Cable and Telecommunications Matters
Please add me to your mailing list. I am interested in:
O PCS/cellular tower matters
O Cable television/telecommunications matters
Municipality/Firm:
Name:
Title:
Address:
Phone: Fax:
E-mail:
Please mail or fax this form to:
Ms. Nikki Klungle
Vamum, Riddering, Schmidt & Howlettu.r
333 Bridge Street,NW
P.O. Box 352
Grand Rapids,MI 49501-0352
Phone: 616-336-6743; Fax 616-336-7000
niklungle@vrsh.com
\4RNUM, RIDDERING, SCHMIDT & HOWLETTLLP
ATTORNEYS AT LAW
BRIDGEWATER PLACE
POST OFFICE BOX 752 • GRAND RAPIDS,MICHIGAN 49501-0352
TELEPHONE 616/336.6000 - FAK 616/336-7000
MEMORANDUM-MODEL CABLE FRANCHISE
FROM: John W.Pestle,Patrick A.Miles,Jr.
RE: Model Cable TV Franchises
Many municipalities and their attorneys are now addressing the renewal of their cable television franchise. We
have assisted over 100 municipalities on such franchise renewals. To assist other municipalities and their attorneys we
have prepared two model cable television franchises—a longer version and a shorter version. An order form is attached.
Specific information is as follows.
Renewals-Complexity: Many cable television franchises are coming up for renewal at the present time. Such
renewals are significantly different than the initial grant of a cable franchise:
Federal restrictions applicable to cable franchise renewals(such as the"formal renewal process")make
it difficult to terminate a franchise or impose conditions the cable company strongly objects to and
somewhat restrict what a municipality can obtain.
Municipalities now need to address cable company provision of Internet service and high speed cable
modem service via the cable system.
Increased complexity,both to provide needed protections for municipalities and their residents and due
to new Federal Communications Commission regulations(customer service,technical standards and
the like)affecting cable.
A cable franchise can provide significant assistance for a community and its residents on such items as rebuilds
to increase the number of channels offered and signal quality;customer service and consumer protections; significant
protections on use of the rights of way;and indemnities and insurance that largely insulate a municipality's general fund
from claims due to the activities of the cable television company.
Model Franchises: The model franchises provide detailed language and helpful comments. They should aid
a municipal manager,municipal attorney or municipal cable administrator in the renewal process. The longer version
covers the following topics, among others(see sample table of contents,attached). The shorter version covers many
of these topics(not all)but in less detail. We provide both franchises on computer disk and in hard copy.
Cable and Internet services to be -- Institutional network
provided Franchise fee
Cable system description Right of way management
Where cable services will be provided
Emergency alert system
(universal service,homes per mile)
Transfer of cable:franchise
Anti-discrimination/redlining
Signal quality standards
Customer service
Indemnity/insurance
Free drops at municipal buildings
Defaults/remedies
Public, education, government (PEG)
channels
GRAND RAPIDS - LANSING • KALAMAZOO • GRAND HAVEN • SOUTHFIELD
VARNUM, RIDDERING, SCHMIDT & HOWLETTLLP
ATTORNEYS AT LAW
Two Versions: The shorter version is aimed more at medium to smaller sized municipalities. It covers the
essential points but has no institutional network. It is less detailed than the longer version. We can fax you the table
of contents.
The longer version is more detailed and is typically used by medium or larger municipalities,especially those
which either have extensive PEG requirements or work extensively on cable and franchising matters. It has very
extensive provisions on rights of way,customer service,insurance and indemnity,PEG,institutional network,defaults
and remedies.
We suggest that municipalities obtain both versions and compare them section by section. They may wish to
"mix and match"sections from each as is appropriate to their needs.
Cost/What You Get: The cost is $250 for the shorter version, $350 for the longer version, or$450 for both.
What you get is a package including:
The franchise,both in hard copy and on computer disk
- A memo with comments on specific sections of the franchise and a list of specific sections to be
"customized"by each municipality
- A general memo on how to use the cable franchises
A memo on cable television renewal procedures which includes both some comments from our
experience and a copy of the renewal section of the 1984 Cable Act
A form of contract which municipalities should use with each entity programming a PEG Channel
A list of consultants who have told us they assist municipalities on cable television refranchising.
Caution: The franchises,memos and PEG contract do not constitute legal advice. Your request for them and
our provision of them does not create an attorney-client relationship. Municipalities should consult their attorney to
ensure compliance with applicable law and that the documents meet their needs.
Cable/Telecommunications Practice: Varnum, Riddering, Schmidt & Howlett LLP represents municipalities
nationwide on Federal aspects of cable and television matters. It is one of the principal firms with such a practice and
has represented over 200 municipalities on such matters. The firm also has a large municipal practice and is municipal
attorney for several cities, counties and townships. See the firm's web page at www.vrsh.com,
John W.Pestle is Co-Chair of the firm's Energy and Telecommunications Practice Group. He received the 1996
"Member of the Year"award from the National Association of Telecommunications Officers and Advisors for his work
representing municipalities on the passage and implementation of the Federal Telecommunications Act of 1996. He
is a former Chair of the Municipal Lawyers Section of the State Bar of Michigan and is a graduate of Harvard College,
Yale Graduate School and the University of Michigan Law School. He can be contacted at jwpestle@vrsh.com.
Patrick A. Miles,Jr. is a partner in the firm's Energy and Telecommunications Practice Group.He represents
municipalities extensively on cable and telecommunications matters and has led several delegations of municipalities
in meetings at the FCC on such matters. He has received certificates from the National Association of
Telecommunications Officers and Advisors for his work assisting municipalities on cable and telecommunications
matters. He was named"Outstanding Young Lawyer of the Year"by the Michigan State Bar in 1996 and is a graduate
of Aquinas College and Harvard Law School. He can be contacted at pamiles@vrsh.com.
VARNUM, RIDDERING, SCHMIDT & HOWLETTLLP
ATTORNEYS AT LAW
How to Respond: To order the franchises or obtain additional information,mail or fax the attached form to us.
Most logistical or ordering questions can be answered by Ms.Nikki Klungle at 616-336-6743. Substantive questions
can be addressed to Pat Miles or John Pestle at 616-336-6000 (fax 616-336-7000).
Model Cable Franchise Order Form
Please send me: O Model Cable Franchise,Long Version($350)
❑ Model Cable Franchise, Short Version($250)
❑ Both Versions($450)
❑ Send by overnight delivery(add$10 to total)
❑ Our check payable to Vamum,Riddering, Schmidt&Howlett is enclosed for$
o Please send me an invoice for$ _
Indicate format for diskette: O WordPerfect 5.1 O WordPerfect 6/7/8 O MS Word 6.0 O MS Word for Windows 97
O Other(if available)
Orders will be shipped 2-3 working days after request is received
o Please fax me the table of contents from the shorter franchise to examine
o Please add me to your mailing list
Municipality/Firm:
Name:
Title:
Address:
Phone: _Fax:
E-mail:
Please mail or fax this form to the attention of Ms.Nikki Klungle at Varnum,Riddering,Schmidt&Howlettt.LP
333 Bridge Street,NW
P.O. Box 352
Grand Rapids,MI 49501-0352
Phone: 616-336-6743; Fax: 616-336-7000
3/99 niklungle@vrsh.com
Sample Table of Contents
I DEFINITIONS 1.15 Emergency Alert System Conditions 2.3 Additional Services
1.1 In General 1.16 Event of Default 1.28 PEG Channels 2.4 No Priority
1.2 Additional Insureds 1.17 FCC 1.29 Public Ways 2.5 Municipality's Rights In
1.3 Affiliate 1.18 Franchise Agreement 1.30 School Systems Public Ways
1.4 Authorized Area 1.19 Indemnitees 1.31 Service Interruption 2.6 Emergencies
1.5 Cable Gross Revenues 1.20 Institutional Network or 1.32 Telecommunications 2.7 Backup Power
1.6 Cable Ordinance I-NET Service 2.8 Compliance With Law
1.7 Cable Services 1.21 Institutional Network 1.33 Uncured Event of Default 2.9 Maintenance and Repair
1.8 Cable System Services 1.34 User 2.10 Other Permits
1.9 Cable Television Business 1.22 Local Off Air Channels 1.35 Video Programming 2.11 Right of Condemnation
1.10 Commission 1.23 Manager Reserved
1.11 Company 1.24 Municipality 2 GRANT OF RIGHTS 2.12 Fees
1.12 Control 1.25 Municipal Charter 2.1 Permission/Franchise 2.13 Identification
1.13 Drop 1.26 Municipal Code Agreement
1.14 Effective Date 1.27 Normal Operating 2.2 Institutional Network
VARNUM, RIDDERING, SCHMIDT & HOWLETTLLP
ATTORNEYS AT LAW
Table of Contents(continued)
3 PUBLIC WAYS AND 4.9 Continuity of Service 7 INDEMNITY AND 13.4 Liquidated Damages
CONSTRUCTION 4.10 Interconnection INSURANCE 13.5 Liquidated Damages
3.1 No Burden on Public 4.11 Emergency Alert System 7.1 Disclaimer of Liability Procedure
Rights-of-Way 7.2 Indemnification
3.2 Relocation of the System 5 CABLE CUSTOMER 7.3 Assumption of Risk
3.3 Weather SERVICE 7.4 Defense of Indemnitees 14 PROVISION OF
3.4 Restoration of Property 5.1 Customer Service 7.5 Notice,Cooperation and INFORMATION
3.5 Bathers Standards Expenses 14.1 Filings
3.6 Traffic Control 5.2 Reservation 7.6 Insurance 14.2 Books and Records
3.7 Minimum Interference 5.3 Undergrounding 7.7 Named Insureds 14.3 Reports
3.8 Tree Trimming 5.4 Lockout Device 7.8 Evidence of Insurance
3.9 Trees and Landscaping 5.5 Blocking 7.9 Cancellation of Policies of 15 GENERAL
3.10 [Reserved] 5.6 Pay Per View Insurance 15.1 Entire Agreement
3.11 Easement Usage 5.7 Notification 7.10 Insurance Companies 15.2 Recitals
3.12 Construction-General 5.8 Notice of Changes 7.11 Deductibles 15.3 Taxes
3.13 Reconstruction Schedule 5.9 Program Guide 7.12 Contractors 15.4 State of Art
3.14 Liquidated Damages 5.10 Converters 7.13 Insurance Primary 15.5 Covenants/Agreement
3.15 Reconstruction Bond 5.11 Negative Options 7.14 Review of Limits 15.6 Notices
3.16 Emergency Notification 5.12 Telephone Service 15.7 Conferences
3.17 Right of Inspection 5.13 Office/Home Delivery- 8 FEES AND PAYMENTS 15.8 Governing Law
3.I8 Notice of Construction to Pick Up 8.1 Franchise Fee 15.9 No Inducement
Municipality 5.14 Installation Standards 8.2 Audit 15.10 Non-Discrimination
3.19 Notice of Construction- 5.15 Installations/ServiceCalls 8.3 Permits and Other Fees 15.11 Franchise Agreement
Residents 5.16 Service Call Charges 8.4 Interest Accepted
3.20 Utility Crowding 5.17 Service Interruptions 8.5 Prior Fees 15.12 Waiver Filings
3.21 Removal of Obsolete 5.18 PEG Signal Quality 15.13 Guarantee of Parent
Facilities/Cooperation 5.19 Log of Complaints 9 CABLE RATES AND 15.14 No Liability
3.22 [Reserved] 5.20 Payment Options REGULATION 15.15 Waiver of Compliance
3.23 New Developments 5.21 Bills 9.1 Rates 15.16 Independent Contractor
3.24 Preventive Maintenance 5.22 Refunds and Credits 9.2 Regulation Relationship
3.25 Parallel Installation 5.23 Seasonal Contracts 9.3 Uniformity 15.17 Diligent Prosecution
(cont'd) 5.24 Fire,Etc:Free 9.4 Notice of Certain Costs 15.18 Severability
3.26 Identification Replacement 15.19 Specific Rights
3.27 Ownership of Installed 5.25 Late Payment for Cable 10 TERM Reserved by Municipality
Cable Service 10.1 Term 15.20 General Reserved Rights
3.29 Joint Use by Municipality 5.26 Disconnection 10.2 Extension 15.22 Conduct of Hearings
3.30 Compliance with Law 5.27 Privacy and Monitoring 10.3 Termination 15.23 Authority
3.31 Poles 5.28 Subscriber Information 10.4 Performance Evaluation 15.24 Effective Date
3.32 Underground Facilities 5.29 Truth In Advertising Sessions
3.33 Underground Street 5.30 Complaints Referred by
Crossing Municipality 11 TRANSFERS ,
3.34 Temporary Relocation 5.31 Reports OWNERSHIP AND
3.35 Pavement Cut 5.32 FCC Technical Standards CONTROL
Coordination/ 5.33 Liquidated Damages 11.1 Operation of Cable
Additionai Fees System
3.36 Vacation 6 CABLE SYSTEM 11.2 Franchise Agreement
3.37 As-Builts ACCESS Transfers
3.38 Utility Notification 6.1 PEG Channels Generally 11.3 Transfer of Ownership or
Program 6.2 Number of PEG Channels Control
3.39 Discontinuance and 6.3 Allocation of PEG 11.4 Ownership,
Removal of System Channels Encumbrances
3.40 Failure to Discontinue 6.4 Signal Input Points 11.5 Applications for Consent/
Service 6.5 PEG Access Assistance Procedure/Restrictions
6.6 Institutional Network
4 CABLE SERVICE 6.7 Encouragement of Access 12. DEFAULTS
4.1 Programming Services Cablecasting 12..1 Events of Default
4.2 First Amendment 6.8 Publicity 12.2 Uncured Events of
4.3 Cable System Description 6.9 Educational Services Default
4.4 Service Provided 6.10 Leased Access
4.5 Access to Service 6.11 Cost Borne by Company 13 REMEDIES
4.6 Service 13.1 Remedies
4.7 Drops 13.2 Security Fund
4.8 Free Service 13.3 Remedies Not Exclusive
VARNUM, RIDDERING, SCHMIDT & HOWLETTLLP
ATTORNEYS AT LAW
BRIIXiEWATER PI ACE.
POST OFFICE BOX 352 • GRAND RAPIDS.MICIIIGAN 49501.0352
TELEPHONE 616/R6-6000 • FAX 616/336.7000
MEMORANDUM-MODEL CELLULAR ZONING ORDINANCE
FROM: John W.Pestle,Teresa S.Decker
RE: Model Cellular Tower Zoning Ordinance
We have prepared a model zoning ordinance for municipalities and their attorneys to use to regulate the 125,000
new cellular towers that are planned nationwide. It allows PCS(Personal Communications Service--the newest form
of cellular service) and cellular services to be provided while giving communities the appropriate zoning authority to
control proposed new cellular and PCS towers. An order form is attached. Specific information is as follows.
The Problem: New PCS and cellular services will lead to a five-fold increase in the number of cellular towers,
creating significant zoning and land use issues for municipalities. Fortunately,the Federal Telecommunications Act
of 1996 generally preserved local zoning control over such towers.
In response we have prepared a model cellular/PCS tower zoning ordinance, based on (1) -- our extensive
municipal and zoning knowledge (we are municipal attorneys for numerous communities) and (2) -- our extensive
practice representing municipalities on cable and telecommunications matters. Municipalities and municipal attorneys
can adapt this model ordinance to their specific needs,requirements and state and local laws. To aid in this process we
provide the ordinance on computer disk as well as a hard copy.
Ordinance Features: The ordinance i.s 20 pages long, single spaced. It complies with the 1996 Federal
Telecommunications Act and has the following features, among others:
-- It strongly encourages"collocation"(meaning multiple antennas on the same tower)so as to minimize the
total number of towers.
-- It strongly encourages placement of new towers on municipal property or in industrial and heavy
commercial zones. It has more strict siting criteria for light commercial and(in particular)residential zones.
-- It encourages avoiding towers altogether, such as by a new microcell technology (used at the 1996
Republican National Convention in San Diego)where a PCS system is built as part of a cable system and
no towers are needed.
-- "Disguised antennas"are encouraged, such as in billboards, church steeples and towers disguised as trees
(a tower disguised as a tree is used at Mt. Vernon, George Washington's home).
-- Cellular and PCS services are taken out of the"essential service"or utility definition in zoning ordinances,
so that they are not allowed in all zoning districts as of right.
-- Provision is made for obtaining additional information from the cellular or PCS company, for example,to
aid in evaluating detailed technical claims they may make.
-- Administrative reviews and administrative appeals must occur before applicant can go to court.
What You Get: An order form for the zoning package is set forth below. For$225 you receive:
-- The 20 page ordinance,both in hard copy and on computer disk and a memo highlighting key concepts in
the ordinance.
-- A Federal Court of Appeals decision reaffirming local zoning authority over PCS towers and decisively
rejecting PCS industry challenges to such authority under the 1996 Federal Act and two Federal decisions
rejecting PCS industry challenges to moratoria on zoning approvals for cellular/PCS towers.
GRAND RAPIDS • LANSING - KALAMAZOO - GRAND HAVEN • SOUTHFIELD
VARNUM, RIDDERING, SCHMIDT & HOWLETTLLP
ATTORNEYS AT LAW
-- Our paper on Municipal Concerns and Interests in Personal Communications Service.
-- The Federal Communications Commission's extensive Fact Sheet which helps explain PCS and some of the
zoning implications of the 1996 Act.
-- A list of consultants who have told us they assist municipalities on cellular/PCS zoning matters.
Caution: The ordinance,memo and paper do not constitute legal advice. Your request for them and our provision
of them does not create an attorney-client relationship. Municipalities should consult their attorney to ensure compliance
with applicable law and that the ordinance meets their needs.
Cable/Telecommunications Practice: Varnum, Riddering„ Schmidt & Howlett LLP represents municipalities
nationwide on Federal aspects of cable and television matters. It i.s one of the principal firms with such a practice and
has represented over 200 municipalities on such matters. The firm also has a large municipal practice and is municipal
attorney for several cities, counties and townships. See the firm's web page at www.vrsh.com.
Teresa Decker is a member of the firm's Municipal and Litigation Groups, specializing in zoning and land use
matters. She drafted the firm's model PCS zoning ordinance, has assisted several communities on PCS and cellular
zoning issues and has spoken nationally on cellular/PCS zoning. She is a graduate of Grand Valley State College and
the University of Michigan Law School. She can be contacted at tsdecker@vrsh.com.
John Pestle is Co-Chair of the firm's Energy and Telecommunications Practice Group. He received the 1996
"Member of the Year"award from the National Association of Telecommunications Officers and Advisors for his work
representing municipalities on the passage and implementation of the Federal Telecommunications Act of 1996. He
is a former Chair of the Municipal Lawyers Section of the State Bar of Michigan and is a graduate of Harvard College,
Yale Graduate School and the University of Michigan Law School. He can be contacted at jwpestle@vrsh.com.
**Model Cellular/PCS Zoning Ordinance Order Form**
Please send me your model cellular/PCS zoning ordinance with accompanying documents for$225.
❑ Check to request overnight delivery. (Add$10)
❑ Our check is enclosed for$ -or- ❑ Please invoice us for the total of$_
Indicate format for diskette: 0 WordPerfect 5.1 ❑ WordPerfect 6/7/8 0 MS Word 6.0 ❑ MS Word for Windows 97
❑ Other(if available)
Orders will be shipped 2-3 working days after request is received
Municipality/Firm: _
Name: _
Title: _
Address: _
Phone: Fax: _
E-mail: _
Please mail or fax this form to the attention of Ms.Nikki Klungle at Varnum,Riddering,Schmidt&HowlettLLP
333 Bridge Street,NW
P.O. Box 352
Grand Rapids,MI 49501-0352
Phone: 616-336-6743; Fax: 616-336-7000
3/99 niklungle@vrsh.com
VARNUM, RIDDERING, SCHMIDT & HOWLETTLLP
ATTORNEYS Al LAW
BRIDGEWATER PLACE
POST OFFICE BOX 352 • GRAND RAPIDS,MICHIGAN 49501-0152
TELEPHONE 6161336-6000 • FAX 6161336-7000
MEMORANDUM—MODEL CELLULAR TOWER LEASE
FROM: John W. Pestle,Teresa Decker
RE: Model Leases--Personal Communications Service(PCS) and Cellular Antennas
Many municipalities and their attorneys are now being approached by AT&T,Sprint,Nextel,independent tower
companies and others to lease municipal property (space on buildings, in municipal parks and on water towers) for
antennas for Personal Communications Services (PCS -- the newest form of cellular telephone service) and other
cellular-type services. Communities will be approached by more companies in the future as providers expand their
service territories to obtain national coverage.
In some areas,PCS and other cellular services will require as many as three or four cellular antennas per square
mile due to there being both many more providers(three to six)per community and the new technology requiring more
antennas per provider. Overall, 125,000 new antennas are expected nationwide.
We have available model forms of leases for a community and its counsel to use in negotiating a lease with a
PCS or other communications provider. Each is 15 to 20 pages long and are available on disk and hard copy. Among
other things,they provide:
- Provisions strongly encouraging multiple antennas on the same tower so as to minimize the number of
towers
Bankruptcy/fmancial security related provisions due to the likelihood that some :PCS and cellular
providers may fail (some have already filed for bankruptcy)
Extensive indemnity and insurance provisions to protect a municipality
The model forms of leases come in three versions corresponding to the following three typical situations where
a municipality may lease space to a communications provider:
- PCS antenna on existing municipal communications tower
- PCS antenna on existing municipal water tower/building
- PCS tower and antenna on undeveloped land(e.g.municipal park)
The leases are available for$225 for one,$250 for two and$275 for the set for municipalities to use and tailor
to their specific situations. Contact John Pestle or his secretary,Nikki Klungle,at the above address(phone 616-336-
6743, fax 336-7000)to obtain copies or send the attached form.
We will also include copies of our paper to the National Association of Telecommunications Officers and
Advisors(NATOA)on Municipal Concerns and Interests in Personal Communications Services.
Caution: The leases and paper do not constitute legal advice. Your request for them and our provision of them
does not create an attorney-client relationship. Municipalities should consult their attorney to ensure compliance with
applicable law and that the lease meets their needs.
GRAND RAPIDS • LANSING KALAMAZOO GRAND HAVEN • SOUTHFIELD
VARNUM, RIDDERING, SCHMIDT & HOWLETTLLP
ATTORNEYS AT LAW
Cable/Telecommunications Practice: Varnum, Riddering, Schmidt & Howlett Eu> represents municipalities
nationwide on Federal aspects of cable and television matters. It is one of the principal firms with such a practice and
has represented over 200 municipalities on such matters. The firm also has a large municipal practice and is municipal
attorney for several cities, counties and townships. See the firm's web page at www.vrsh.com.
John Pestle is Co-Chair of the firm's Energy and Telecommunications Practice Group. He received the 1996
"Member of the Year"award from the National Association of Telecommunications Officers and Advisors for his work
representing municipalities on the passage and implementation of the Federal Telecommunications Act of 1996. He
is a former Chair of the Municipal Lawyers Section of the State Bar of Michigan and is a graduate of Harvard College,
Yale Graduate School and University of Michigan Law School. He can be contacted at jwpestle@vrsh.com.
Teresa Decker is a member of the firm's Municipal and Litigation Groups,specializing in zoning and land use
matters. She drafted the firm's model PCS zoning ordinance, has assisted several communities on PCS and cellular
zoning issues and has spoken nationally on cellular/PCS zoning. She is a graduate of Grand Valley State College and
the University of Michigan Law School. She can be contacted at tsdecker@vrsh.com.
**Model PCS Lease Order Form**
Please send me the following lease(s)at$225 for one, $25 for each additional lease ($275 for the set of 3).
PCS antenna on existing municipal communications tower
PCS antenna on existing municipal water tower/building
PCS tower and antenna on undeveloped land
❑ Check to request overnight delivery service(Add$10 to total)
❑ Our check payable to Vamum,Riddering, Schmidt&Howlett is enclosed for $
❑ Please invoice us for the total of$ _
Indicate format for diskette: 0 WordPerfect 5.1 0 WordPerfect:6/7/8 0 MS Word 6.0 0 MS Word for Windows 97
0 Other(if available)
Orders will be shipped 2-3 working days after request is received.
Municipality/Firm:
Name:
Title:
Address:
Phone: Fax:
E-mail:
Please mail or fax this form to the attention of Ms.Nikki Klungle at Varnum,Riddering,Schmidt& Howlettup
333 Bridge Street,NW
P.O. Box 352
Grand Rapids,MI 49501-0352
Phone: 616-336-6743;Fax: 616-336-7000
3/99 niklungle@vrsh.com
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