Kramer Telecom Law Firm, P.C.

The following is an Information item from the ARRL Southwest Divison Communicator of 5/7/08:

Palmdale Served with Lawsuit in WB6X Antenna Case

ARRL Volunteer Counsel Leonard Shaffer WA6QHD has filed suit on behalf of WB6X against the City of Palmdale, CA in the latter's highly publicized antenna case. The lawsuit requests a writ of mandamus and declaratory relief, essentially asking that the Palmdale City Council reverse its decision that forced Alec Zubaru to remove his previously permitted tower and cease further enforcement of its antenna ordinance on the basis of radio frequency interference (RFI). According to Shaffer, the Palmdale City Council relied on improper information when reaching its decision last December, in which it upheld a Planning Commission action to revoke Zubaru's properly issued building permit for the structure. Shaffer is providing his services pro bono, but trial-related expenses could amount to serveral thousand dollars. Three radio clubs have already contributed funds collected from their generous members, and those donations are greatly appreciated. Any individual or organization wishing to help support this legal challenge may send their contributions to the trust account. Make checks payable to: Leonard J. Shaffer, Esq. and include "WB6X Defense Fund" on the memo line. Mail to: P.O. Box 570936, Tarzana, CA 91357

(The item above is for information only, and is not intended to indicate an opinion regarding or support for or opposition to any party in this case. Jonathan Kramer, Esq.)

December 3, 2008: Jonathan will be John W. Pestle's co-presenter in this edition of the "Current Issues in Cell Tower Regulation" teleconference coordinated by Lorman. Jonathan will focus on the technology issues as they are intertwined with legal issues.

While this lecture is geared towards municipal government attorneys and staff, many wireless industry members also find the program to be very useful, too. For more information, and to register, please follow this link.

November 12, 2008: Jonathan will be a co-presenter at the SCTE web cast titled, "Technical Roundtable Discussion" regarding deployment of DTV services across cable systems. This is one of a series of discussions being presented by the SCTE in anticipation of the February 2009 cut-over to DTV.

Jonathan will be discussing legal considerations to help keep systems out of trouble during this challenging transition.

The web cast is free to SCTE members, and $60 for others. For sign-up information, please visit this link.

November 4, 2008: Jonathan quoted in an E-Commerce News story regarding the FCC's decision to allow wireless internet carriers to use the "white space" (frequency spectrum) between over-the-air broadcast channels.

If you ask the broadcasters, significant interference will occur to DTV receivers. As the white space proponents and you'll get a very diferent view. Jonathan comments on some likely outcomes when the first white space transmitters go on-air.

Please click here to download the article written by Erika Morphy. Reprinted here by permission of the publisher.

October 1, 2008: Jonathan quoted in an E-Commerce News story regarding some bumps in the road of deploying Sprint's XOHM service. It seems that the fallout of the Comcast network management games has had an impact on XOHM.

Please click here to download the article written by Erika Morphy. Reprinted here by permission of the publisher.

September 28, 2008: Lisa Miller's and Jonathan's lecture slides on mobile security and ethical issues for attorneys, presented today at the State Bar of California Annual Conference, is now available for download. Please click here to visit the download page.

September 27, 2008: A profile of Jonathan appears in the Fall 2008 issue of "Big News for Smaller Firms" (the official publication of the State Bar of California, Small and Solo Section). Jonathan shares the spotlight in a feature article titled, "Big Results from Smaller Firms: Intellectual Property, Corporate Defense, Probate Litigation". (Well, Jonathan is intellectual, and he's quite a property!) Please click here to download the article (PDF format, 1.4 Mb)

September 26, 2008: Today, Jonathan begins a three year term as a member of the Executive Committee of the Public Law Section of the State Bar of California. Jonathan will serve on the Technology Subcommittee (duh!), and the Membership Subcommittee (not necessarily duh!). To visit the Public Law Section at the State Bar of California web site, please click here.

September 17, 2008: Jonathan Kramer has accepted an appointment to serve on the SCTE's Professional Development Committee.

This national-level standing committee of the SCTE is responsible for the Society’s professional development programs and all other matters related to technical training, learning and SCTE certifications.

The web site for the SCTE's Professional Development activities, including SCTE certifications, Live Learning™, and the Virtual Classroom may be visited by following this link.

The main SCTE web site is at the other end of this link.

---

September 11, 2008: Sprint Telephony PCS, L. P. v. County of San Diego REVERSED by the 9th Circuit Court of Appeals. Underlying case, Auburn v. Qwest Corp. overruled in the same decision.

In a stunning (and long-overdue) about face, the 9th Circuit Court of Appeals has ended a reign of judicial terror inflicted on local governments in the Western United States flowing from its original Auburn decision and continued under the principle of stare decisis.

As the en banc panel of the 9th Circuit found, and as Judge Graber wrote (in small part) for the entire panel:

We find persuasive the Eighth Circuit’s and district courts’ critique of Auburn. Section 253(a) provides that “[n]o State or local statute or regulation . . . may prohibit or have the effect of prohibiting. . . provision of . . . telecommunications service.” In context, it is clear that Congress’ use of the word “may” works in tandem with the negative modifier“[n]o” to convey the meaning that “state and local regulations shall not prohibit or have the effect of prohibiting telecommunications service.” Our previous interpretation of the word “may” as meaning “might possibly” is incorrect. We therefore overrule Auburn and join the Eighth Circuit in holding that “a plaintiff suing a municipality under section 253(a) must show actual or effective prohibition, rather than the mere possibility of prohibition.”

* * *
Please click here to download the full decision.
* * *

I expect that Sprint will ask the Supreme Court to grant certiorari, and I also expect that the request will not be successful.

---

September, 28 2008 (10:00 a.m.): Jonathan will a co-presenter with Lisa Miller, Esq. at the State Bar of California Annual Meeting, to be held in Monterey, California.

The title of the presentation is, "Protecting Client Confidences While Using Mobile Technology."

Follow this link for meeting information.

---

September 4, 2008: Comcast has (finally) filed suit in the Court of Appeals to overturn the FCC's ruling regarding its network management techniques. Comcast has stated publicly that it will still provide the past network practices information required by the FCC, but that's not the end of the story.

Cade Metz of The Register has posted a follow-up story quoting Jonathan Kramer that explains how Comcast might provide the historical network management information without that information coming back to haunt them in pending law suits.

Please follow this link to read how Comcast might 'have it cake and eat it, too.'

---

August 29, 2008: Jonathan is quoted in a E-Commerce Times follow-up story to their "The FCC vs. Comcast: Who's Got the Most Marbles?" article. The current article, titled, "Comcast Rations Broadband use at 250 GB per Month" is written by Erika Morphy.

You can click here to view the story online. Reprinted here by permission of the publisher.

---

August 22, 2008: "The FCC vs. Comcast: Who's Got the Most Marbles?" is an article regarding the FCC's order requiring Comcast to come clean regarding their intentional network throttling. Written by Erika Morphy of E-Commerce Times (MacNewsWorld), it contains several quotes from Jonathan Kramer.

You can click here to view the story online,
or click here to view a PDF copy of the story.

---

August 15, 2008. The CTIA, representing the wireless industry, has filed a petition with the FCC to create a set of "shot clocks" for wireless site approvals. If the local government misses a deadline (generally 45 days or 75 days), a site would be automatically deemed approved.

The CTIA also asks the FCC to interpret Congressional intent in favor of the wireless industry regarding the interplay of several key sections of the Telecom Act.

Download this awful petition by clicking here. (PDF Format; 234Kb)

Then, take action to oppose this petition. Comments are due at the FCC by 9/29/08, and reply comments are due two weeks later.

---

August 8, 2008: Jonathan Kramer successfully completed the Society of Cable Telecommunications Engineers (U.S. Society) technical testing to be certified as a Broadband Transport Specialist. To see a list of the testing areas in this examination, please follow this link to the SCTE's web site.

---

August 8, 2008: Jonathan is quoted in an opinion article in TheRegister.com about Comcast's secret throttling of BitTorrent traffic. The author, Cade Metz properly differentiates what Comcast (as he says, "...Comcast lying to its consumers, the press, the FCC, and everyone else..." ) with the larger issue of network neutrality.

An interesting comment piece, to be sure. To read it, which you should, please follow this link.

---

July 30, 2008: In the wstrn u.s txt msgs on ur cel fone cn b red bi da cops whn u r arstd and usd agnst u in cort. 2 read mor clk here.

---

July 9, 2008: Jonathan receives a very nice thank you letter from the LAPD regarding "Photo Red Light" testimony training. To read the letter, please click here.

---

August 6, 2008: Jonathan will be the Luncheon Keynote Speaker, as well as a technical session lecturer at the Society of Cable Telecommunications Engineers "Show Me" Chapter Conference in Springfield, Mo. The training session will focus on regulatory issues regarding cable TV proof-of-performance testing; safety issues related to plant construction; and odds-and-ends.

Jonathan's luncheon lecture will be a no-holds-barred presentation about the future of cable TV engineering. (Hint: Get seriously educated, or get out!)

Follow this link for more information.

---

July 9, 2008: Jonathan is quoted in an article titled, "NebuAd makes meal of opt-out cookie" by Cade Metz, published in The Register. To read the article, please follow this link.

---

July 8, 2008: The Court of Appeals for the D.C. Circuit declined to act on the CTIA's request to block the FCC rules on emergency power of telecom sites (including cell sites). The Court said, "We decline to address these contentions now because the case is not ripe for review." To read the decision, please follow this link.

---

July 1, 2008: Jonathan is quoted in an article titled, "Law Enforcement Use of Cell Info Raises New Privacy Concerns" published by the Heartland Institute. To read the article, please follow this link.

---

June 10-12, 2008: Attendees of Jonathan's sessions at the Pennsylvania Bar Institute may download his slides in PDF format by following this link. (Left click on the link to display the file; right click to "save target as" or "save link as" to your local hard drive.)

Note: This is a 6.35 Mb download. When the download is complete, you can "save as" from the PDF reader to save a local copy of the presentation.

---

UPDATED June 17, 2008: It appears that SB 1252, a proposed Bill floated by T-Mobile that would grant wireless carriers access to public property (not just right-of-ways) during certain emergencies... ...IS DEAD! After being pulled from Assembly Committee hearings last week, yesterday the Bill morphed into "An act to amend Section 4456.3 of the Vehicle Code, relating to vehicles." I contacted Senator Padilla's Sacramento office today (June 17) and was told that SB 1252 as a wireless Bill is, indeed, dead. The death of this misguided Bill is a good thing for local governments, and independent government agencies. Moreover, the death of this Bill actually protects homeland security.

---

June 9, 2008: Jonathan Kramer has passed the APCO Institute's Public Safety Radio Technician Examination.

APCO's certification examination requires knowledge of FCC Regulations, basic electronics, and special issues that are encountered in public safety communications.

APCO's examination generally covers the same breadth of material formerly tested by the FCC for its Second Class Radiotelephone License Examination, but with less emphasis on design and engineering, and more emphasis on troubleshooting.

---

June 5, 2008: The City of Los Angeles has sued Time Warner Cable in Superior Court regarding service and billing issues. You can download a copy of the suit, as filed, by clicking here (5 Mb PDF file).

---

May 30, 2008: Jonathan Kramer has been appointed to serve on the Executive Board of the Public Law Section of the State Bar of California. Jonathan's term runs from September, 2008 through August, 2011.

---

May 16, 2008: Jonathan Kramer has passed the FCC's GMDSS Radio Operator License examination (FCC Class: DO) and the FCC's GMDSS Radio Maintainer License examination (FCC Class: DM). Because he has passed both examinations, the Commission has granted Jonathan the rarely-issued combined FCC GMDSS Radio Operator/Maintainer License with Ship Radar endorsement (FCC License No. DB00000530).

The FCC GMDSS Radio Operator/Maintainer License with Ship Radar Endorsement is the highest class radio license issued by the FCC for the operations, technical maintenance, and adjustment of radio systems operating in the Global Maritime Distress and Safety System service.

Jonathan already holds the FCC's highest land-based General Radiotelephone license No. PG-11-35289 (Class: PG) with the ship radar endorsement, as well as the Commission's highest grade amateur radio license (Class: Extra; Call sign: W6JLK).

---

June 10 and June 12, 2008: Jonathan will be a faculty member at the Pennsylvania Bar Institute class, "Cable Television Unraveled" which will be taught twice in Pennsylvania; First in Philadelphia, and again two days later in Pittsburgh.

The law of cable television has been rewritten by the courts and the FCC. This program is designed for solicitors and municipal officials. It will provide an up-to-date toolkit that will enable you to navigate this often confusing and challenging arena. The intersection of law and technology will be explained, from the basics to the cutting edge.

To download the course brochure in PDF format, please click here or follow this link for more information

.

June 4, 2008: Jonathan will be John W. Pestle's co-presenter in this year's version of the "Current Issues in Cell Tower Regulation" teleconference coordinated by Lorman. Jonathan will focus on the technology issues as they are intertwined with legal issues. While this lecture is geared towards municipal government attorneys and staff, many wireless industry members also find the program to be very useful, too.

May 22, 2008: Jonathan was a moderator at SCAN NATOA's 12th Annual Spring Conference. "Surfin' Telecommunication Choices: A New World, A New Direction"

Jonathan moderated the session on wired and wireless communications (but mostly on wireless communications) with panelists Jeff Melching, Esq. of Rutan & Tucker and Javan Rad, Esq. of the City of Pasadena.


To download Jonathan's lecture on
SB 1252 you can click on this link.

May 12, 2008: Jonathan Kramer has passed the FCC's GMDSS Radio Operator's License examination (FCC Class: DO). By virtue of his successful testing for the FCC's GMDSS Radio Maintainer's License on May 2, 2008 (FCC Class: DM), the Commission will now grant Jonathan the rarely-issued FCC GMDSS Radio Operator/Maintainer License (FCC Class: DB) with Ship Radar endorsement. This is the highest class radio license issued by the FCC for the operations, technical maintenance, and adjustment of radio systems operating in the Global Maritime Distress and Safety System service, and presently there are fewer than 530 such licensees.

Jonathan already holds the FCC's highest land-based General Radiotelephone license No. PG-11-35289 (Class: PG) with the ship radar endorsement, as well as the Commission's highest grade amateur radio license (Class: Extra).

April 16, 2008: Jonathan Kramer was a attorney-presenter at the Automated Photo Red Light Enforcement Users Group Meeting (meeting coordinated by LAPD). Jonathan served as 'defense counsel' in a mock trial presided over by Judge Pro Tem Lisa Miller regarding a complicated photo red light ticket case touching on signal transmission, image capture and storage, image processing, and related technology matters. Yes, Jonathan 'won' the case for his 'client/defendant'! (Click on image to enlarge and read it.)

---

April 10, 2008: Jonathan Kramer successfully completed the Society of Cable Telecommunications Engineers (U.S. Society) technical testing to be certified as a Broadband Distribution Specialist. To see a list of the testing areas in this examination, please follow this link to the SCTE's web site.

---

April 1, 2008: Jonathan Kramer successfully completed the Society of Cable Telecommunications Engineers (U.S. Society) technical testing to be certified as a Broadband Premises Specialist. To see a list of the testing areas in this examination, please follow this link to the SCTE's web site.

FCC Prepares to defend Emergency Power Requirements for telecom (including cell sites) at May 8th oral hearings before the Court of Appeals for the D.C. Circuit. Read the Commission's current brief via this link.

March 27, 2008: Kramer is quoted in a lengthy article in TheRegister.com regarding Comcast's about-face with Bittorrent (now working with Bittorrent to permit their P2P streams on Comcast pipes). As the article correctly notes, that isn't the end of network neutrality questions, but just a stop-along-the-way. Jonathan advocates for FCC regulations to ensure that Congressional intent is observed regarding the free development of the Internet. Follow this link to view the article on line, or follow this link to view the article in stored PDF format.

This presentation will focus on the FCC rules and California state law that control amateur radio tower siting, and offer techniques to help move the process forward.

Note that Jonathan Kramer, an amateur radio Extra-class operator and Volunteer Counsel of the American Radio Relay League, represents local governments in these matters, so the lecture will be from that perspective.

Follow this link for meeting information.

Local governments have traditionally held some regulatory authority over siting of wireless facilities by carriers in their communities. What are the limits on that authority? How can it responsibly and effectively be used to benefit local communities and facilitate deployment of wireless services? This panel will describe the parameters of the authority, analyze some of the related issues (including properly dealing with RF safety questions), and recommend processes for exercising this authority.

The cost for NATOA national members is $45; for non-members it's $80.

To sign up, FOLLOW THIS SECURE LINK.

January 24, 2008: Kramer's wireless tower siting blog goes live. If you are a wireless planner, telecom attorney, or an interested member of the public, please visit the blog by following this link, or by pressing on the orange button to the left.

January 9, 2008: Kramer was quoted in an E-Commerce Times story regarding the FCC's probe of Comcast in connection with BitTorrent packet slowing and dropping. Follow this link to read more.

January 3, 2008: The California Supreme Court dismissed as moot its consideration of the appeal in SPRINT TELEPHONY PCS v. COUNTY OF SAN DIEGO. It said, "In light of the decision in Sprint Telephony PCS, L.P. v. County of San Diego (9th Cir. 2007) 490 F.3d 700, review in this matter is dismissed."

The Supreme Court also also dismissed the certified question from the 9th Circuit in SPRINT PCS ASSETS, L.L.C. v. CITY OF PALOS VERDES ESTATES.

The California Supreme Court did NOT order re-publication of the appellate decision in SPRINT TELEPHONY PCS v. COUNTY OF SAN DIEGO, so the immediate legal impact of the dismissal remains focused on that specific case, and on those specific litigants.

More soon. Or maybe not.