Wireless Regulation and Radio Frequency Emissions

Jonathan L. Kramer, principal attorney, and Robert C. May III, partner of Telecom Law Firm, presented a Wireless Regulation and Radio Frequency Emissions workshop for Bay Area communities hosted by Alameda County Supervisor Nate Miley. Mr. May discussed how federal and state wireless regulations impact local zoning authority and Mr. Kramer focused his presentation on the federal radio frequency emissions standards set by the FCC.

The discussion focused on best practices in an increasingly challenging regulatory environment. Mr. May said, “Although new federal regulations generally hold local jurisdictions’ feet to the procedural fire, nothing in those regulations prevents governments and carriers from reaching private agreements about how to process wireless development projects. Reasonable solutions tend to prevail when governments and carriers communicate.”

Mr. Kramer said, “The new federal rules do not change the fact that the FCC continues to preempt the field of RF emissions regulation. However, local officials can and should independently determine whether a proposed wireless site demonstrates planned compliance with the federal limits. That should be determined by the local government and added into the administrative record.”