Abstract: Wireless broadband networks require certain approvals from the federal government (licenses, tower registration, etc.), sometimes (but rarely) state government, and often local government.  Local governments regulate a range of land uses on private property and also exert regulatory control over public rights-of-way.  Passage of the 1996 Telecommunications Act caused the demand for wireless facilities to explode, and with the evolution of wireless technologies and the continuing growth of wireless network usage, the industry has advocated for federal and state preemption of local authority to save time and reduce costs of deployment.  Local governments have advocated for retaining control of the ability to protect aesthetics, health and safety of their communities.  It has not been uncommon for these disputes to end up in court.  In this discussion we’ll examine federal, state and local oversight over deployment of wireless network facilities, how the statutory and regulatory landscape has changed since the 1990s, the present-day debates affecting local control related to 5G infrastructure and small wireless facilities in public rights of way and on other property, and how these legal and regulatory battles affect actual deployment on the ground.

Bio: Ken Fellman is a partner in the Denver law firm of Kissinger & Fellman, P.C.  For over 36 years he has worked with local governments nationwide in connection with technology, communications, broadband, public safety communications, utility matters and general local government law.

Ken served as Mayor of Arvada, Colorado from 1999 – 2007, and as a member of City Council from 1993 – 1999.  He is a former president of the National Association of Telecommunications Officers and Advisors (NATOA) and has testified on communications matters before the U.S. House of Representatives and Senate, and the Colorado General Assembly.  He has also served as town, city and county attorney in multiple jurisdictions for over 30 years.  Ken has been a strong advocate for local interests at the Federal Communications Commission, serving as the chair of the FCC’s Local and State Government Advisory Committee from 1997 – 2003 and as a member of the FCC’s Intergovernmental Advisory Committee from 2011 - 2019.  He is a Fellow at Silicon Flatirons, a research center at the University of Colorado Law School.  For the past 11 years, Ken has been named as one of Law & Politics’ Colorado Super Lawyers, a list that represents the top 5 percent of Colorado attorneys. 

Ken received his B.A. from Johns Hopkins University, and his law degree from the University of Denver.

This talk is part of the TCP Seminar Series, for more information about this series please visit the TCP Website