Gerard Lavery Lederer

Gerard Lavery Lederer

Best Best & Krieger LLP

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The Trump Infrastructure Plan

There is plenty of uncertainty surrounding what President-elect Donald Trump’s infrastructure plan will be. What is certain is that: 1.) things will move quickly in Washington, D.C. in the coming weeks and 2.) now is the time...more

1/18/2017 - Donald Trump Federal Funding Infrastructure Public Agencies State and Local Government Trump Administration

FCC Shot Clock Not Tolled by Applicant Delays or Vague Notice of Incompleteness, Court Finds

A city granting an applicant’s request for a continuance of a public hearing over installation of a wireless tower is not a mutual agreement to toll the FCC’s “shot clock,” a federal court has ruled. In addition, a vague...more

1/11/2017 - Applications Cell Towers FCC Motion for Continuance Policies and Procedures Public Hearing Shot Clock State and Local Government Tolling Wireless Facilities

HUD Issues New Broadband Mandates

As most prepared for the holiday season, the U.S. Department of Housing and Urban Development converted two broadband mandate proposals into orders and published them in the Federal Register. “Narrowing the Digital Divide...more

1/4/2017 - Affordable Housing Broadband Community Development Construction Industry Digital Communications Federal Register HUD Infrastructure Urban Planning & Development

The Future of U.S. Infrastructure and Local Control Amid Post-Election Uncertainty

Post-Election Opportunities for Local Government Agencies - Last week, the nation experienced an election unlike any other in history. A major party candidate broke with his party’s governing philosophies, yet led that...more

11/17/2016 - Deregulation Donald Trump Infrastructure Legislative Agendas Presidential Elections State and Local Government

New Rules Impact PEG Access Stations’ Responsibilities Regarding Closed Captioning

Additional Reporting and Compliance Requirements - The Federal Communications Commission published a Final Rule in the Federal Register on Tuesday, imposing new reporting requirements on public, educational and...more

8/25/2016 - Broadcasting Burden-Shifting Cable Television Providers Certification Requirements Closed Captioning FCC Final Rules Reporting Requirements Telecommunications Television Programming

E-Rate Program Proposed Expansion

FCC Looking to Increase Eligibility for Reimbursement - The Federal Communications Commission is seeking comments on a proposal to expand what services are eligible for reimbursement under the E-rate eligible services...more

7/5/2016 - Broadband E-Rates FCC Reimbursements Universal Service Fund

HUD and FCC Broadband Services Expansion Proposals

The Department of Housing and Urban Development and the FCC have released a set of proposals that could enhance public housing residents’ access to broadband services. In a three-part series of BB&K Legal Alerts, we have...more

7/2/2016 - Broadband E-Rates FCC HUD Lifeline Program Public Housing

HUD Proposes Two New Rules on Broadband Infrastructure and Consolidated Planning

The Department of Housing and Urban Development has issued two Notices of Proposed Rulemaking to impose new and unfunded mandates on local governments related to the accessibility of broadband services in federally funded...more

6/30/2016 - Affordable Housing Broadband FCC Funding HUD Multi-Family Development NPRM Proposed Regulation Public Housing

FCC's Lifeline Order

The Federal Communication Commission's recent expansion of Universal Services from supporting only voice services to broadband services (also known as the “Lifeline Broadband program”) could lead to enhanced broadband...more

6/29/2016 - Broadband Eligibility FCC Lifeline Program Public Housing Telecommunications

FCC Proposed Rule Will Change Business Data Services (Also Known as Special Access) Marketplace

Public and Private Agencies' Rates Could Be Impacted - The FCC is expected to issue a Further Notice of Proposed Rulemaking on April 28 that will rewrite the rules that protect local governments, public agencies and...more

4/15/2016 - Data Security FCC Health Care Providers Networks NPRM Public Agencies Public Safety State and Local Government Tariffs

FCC Opens Door to New Regime of Multichannel Video Programming

FCC Will Seek Comments - The Federal Communications Commission on Thursday took two steps designed to give consumers greater access to multichannel video programming, including programming now provided via public,...more

2/24/2016 - Cable Television Providers Comment Period FCC Multichannel Video Programming MVPD NPRM

Surface Transportation: Be Informed and Heard

New Federal Bill for Transportation Funding on the Road to Passage - As we previously reported on our blog, Congress is racing toward an Oct. 29 expiration date for federal surface transportation programs critical...more

10/23/2015 - Congressional Committees Infrastructure Pending Legislation Public Entities Surface Transportation

Absent Timely Local Processing, New California Law Automatically Approves Applications for New Cell Sites and Large Colocations

Municipalities Should Ensure They Will Be in Compliance - A new California law signed by Gov. Jerry Brown on Friday deems approved an application for new wireless towers and facilities and some colocations. The law...more

10/19/2015 - Applications Cell Towers FCC Governor Brown Local Ordinance New Legislation Notice Requirements Public Notice Wireless Facilities Wireless Technology

New Rules on Location of Wireless 911 Calls

For the first time, FCC regulations will cover location of 911 calls placed within buildings. Historically, the FCC’s requirements for accuracy in determining and transmitting the location of wireless 911 calls were...more

2/17/2015 - 911 Calls FCC New Regulations Wireless Devices

Landlord’s Checklist For Cell Tower Transfers

The Federal Communications Commission recently closed a spectrum auction that raised more than $41 billion. Among the companies making a large investment in the auction was Verizon. It reportedly spent $10.4 billion for this...more

2/10/2015 - Auction Cell Towers Commercial Leases FCC Ground Leases Landlords Verizon Wireless Industry

High Court Reaffirms Local Government's Authority in Denials of Applications for Cell Towers

Decision Clarifies that Local Government’s Decision Need Not State Reasons if they are Contemporaneously Published Elsewhere - A local government need not state the reasons for its denial of a new cell-tower...more

1/21/2015 - Cell Towers Jurisdiction Local Ordinance Municipalities Popular Private Property Property Owners SCOTUS T-Mobile South v City of Roswell Telecommunications Wireless Industry Wireless Technology

Local Government, Industry Reps Mull Challenges to Section 6409(a)

BB&K Partner Gerard Lederer quoted by Telecommunications Reports Daily in coverage of webinar on wireless towers and the new FCC rules. Local government officials and those in the wireless industry are closely...more

11/21/2014 - FCC New Regulations Wireless Industry Wireless Technology

New FCC Rules Will Require New Approach to Siting of Wireless Facilities

The FCC adopted new rules at its Oct. 17 meeting that are likely to require changes in the way local governments respond to applications for siting wireless towers, and for adding antennas to, and modifying, existing...more

11/10/2014 - Cell Towers FCC Land-Use Permits Telecommunications Wireless Industry

The FCC’s New Wireless Facility Rules

A reporter for Telecommunications Reports was one of the attendees of the Best Best & Krieger webinar “New FCC Rules Will Require New Approach to Siting of Wireless Facilities.” The free webinar on Nov. 5 was in response to...more

11/7/2014 - FCC Wireless Industry

December 3 Deadline for Submitting Federal Water Projects

Water Resources Reform and Development Act (H.R. 3080) authorized flood protection, navigation and ecosystem restoration projects to help upgrade the nation’s aging infrastructure. A key WRRDA provision requires local project...more

10/13/2014 - Infrastructure Public Projects US Army Corps of Engineers Water Resources Development Act WRRDA

Regulatory Threat to Water and Wastewater Treatment Facilities

A federal inter-agency Chemical Facility Safety and Security Working Group has called for the elimination of an exemption currently enjoyed by water and wastewater treatment facilities from the Chemical Facility and...more

7/21/2014 - CFATS Chemical Safety Board Exemptions Waste Treatment Facilities Wastewater Water

Developments in Water Law : EPA Extends Comment Period on Waters of the U.S. and President Signs Water Resources Reform and...

EPA Extends Comment Period on Waters of the U.S. - Additional Time to Provide Comments on EPA Rulemaking - The Environmental Protection Agency extended the comment period on the Waters of the United States...more

6/11/2014 - Environmental Policies EPA US Army Corps of Engineers Water Water Resources Development Act Waters of the United States Wetlands WRRDA

WIFIA: New $350 Million Water Project Federal Financing Program

After seven years of effort, Congress passed H.R. 3080, the Water Resources Reform and Development Act. President Obama is poised to add his signature. This is a vitally important piece of legislation for BB&K clients and...more

5/26/2014 - Federal Funding Water Projects Water Resources Development Act WIFIA WRRDA

USDA Announces Economic Development Grants to Rural Communities

Applications due June 13 for grants that will promote sustainable economic development - New grants from the United States Department of Agriculture will help promote sustainable economic development in rural...more

5/12/2014 - Department of Agriculture Economic Development Farms Rural Development USDA

FCC Seeks Additional Input to Improve E-Rate School & Library Technology Program

BB&K is Assembling a Coalition of Local Governments and Educators to Provide Input to FCC - The Federal Communication Commission’s Wireline Competition Bureau (WCB) released a second public notice seeking focused...more

3/18/2014 - E-Rates FCC Technology

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