http://www.legislature.mi.gov/documents/2009-2010/billenrolled/House/pdf/2009-HN\
B-5574.pdf
The legislation extends the sunset to 2015 for a maximum $1 million fee paid by
the cable television industry to pay for its
regulation by the Michigan Public Service Commission. No action is expected on
House and Senate bills amending section 6 of the
Video Franchise Act regarding support fees for public, education and
governmental channel programming.
If there is a wireless tower application -- not necessarily a lease of public
land -- please let me know.
NEW ADDRESS
Neil J. Lehto, Esq.
4051 Wakefield Road
Berkley, Michigan 48072
248 545-1753 (office and fax)
810 837-0919 (cellphone)
nlehto@... (e-mail)
Re the FCC order--there is important language in paras 49-53 of the FCC's
order. That is where the potential landmines lie for local government
attorneys:
49: authority for parties to agree to waive timelines
50: coordination of the new federal timelines with pre-existing state
and local timelines
51: how to handle applications pending on or before November 16, 2009
under the new timelines
52: timelines are tolled for incomplete applications
53: local government has only 30 days to identify application as
"incomplete"
In particular, an operator can go to court ON JANUARY 18, 2010 (5 weeks from
now) on
ANY application that was pending for collocation 90 or more days or for
antenna siting for 150 or more days as of November 18, 2009.
We may see a lot of legal actions filed by the cellular companies between
January 18 and February 17. The FCC estimated there were more than 3300
applications that were pending for longer than the timelines. Some industry
attorneys claim the number is much, much higher.
This
earlier article make clarifies that the suit originally was brought in the U.S.
Bankruptcy Court in New York, where the judge deferred to the U.S. District
Court in Bay City.
Bone marrow donation ought to be a public duty like blood
donation. It is easy and so valuable.
NEW ADDRESS
Neil J. Lehto, Esq.
4051 Wakefield Road
Berkley, Michigan 48072
248 545-1753 (office and fax)
810 837-0919 (cellphone)
nlehto@... (e-mail)
From: Jim Baller
[mailto:Jim@...] Sent: Monday, December 07, 2009 4:30 PM To: SChamberlin@... Subject: Baller Herbst List: Special Notice
My
deepest sympathy, Sam. I hope that sharing this with our list will
help.
Jim Baller
From: Chamberlin, Sam
[mailto:SChamberlin@...] Sent: Monday, December 07, 2009 1:48 PM To: Jim@... Subject: RE: Baller Herbst List: 12-7-09
Hi Mr. Baller –
A long time ago I met you in San
Francisco on a cruise for a Rural Telecom conference I believe. I work
with Joel Mulder.
I could use your help. My
daughter has been diagnosed with a rare blood disease and needs donated marrow
for a bone marrow transplant. The best odds for a marrow match are within
her immediate family but none of us are a match. So we need the
public’s help.
Attached is an informative
flier. I appreciate any help you would be willing to put behind this
message.
Thank you! Happy Holidays!
Sam Chamberlin
Project Manager
Western Region Security
Adesta | Where Communications & Security Intersect
20775 S. Western Ave., Suite 105 | Torrance, CA, 90501
No virus
found in this incoming message.
Checked by AVG - www.avg.com
Version: 9.0.709 / Virus Database: 270.14.91/2541 - Release Date: 12/07/09
14:34:00
And the one politico who championed this initially complained that the
Legislative Audit Bureau ("his" and the other representatives' independent
auditing service) failed to factor in how many more channels each of the two
service tiers now offers compared to before.
Without trying to sound cynical, I wonder if that was in the talking points the
cable industry sent him along with its latest campaign contribution. Or, having
sat on a state level committee to try to work with the industry, sans the
ability to contribute money to coffers, I am hard constrained to say "We told
you so."
Hmmm.
Warren P. Kraft
Murphy Desmond S.C.
33 East Main Street, Suite 500
P.O. Box 2038
Madison, WI 53701-2038
(608) 257-7181 (Phone)
(608) 257-2508 (Fax)
www.murphydesmond.com <http://www.murphydesmond.com/>
CONFIDENTIALITY NOTICE: This electronic transmission (including any files
attached hereto) contains information that is legally privileged, confidential,
and exempt from disclosure. It is intended for use only by the individual or
entity named above. If you are not the intended recipient or an employee or
agent responsible for delivering this message to the intended recipient, you are
hereby notified that any disclosure, dissemination, copying, distribution, or
the taking of any action in reliance on the contents of this confidential
information is strictly prohibited. If you have received this communication in
error, please destroy it, remove it from your computer and/or network, and
immediately notify me by email. Thank you. Receipt by anyone other than the
named recipient(s) is not a waiver of any attorney-client, work product or other
applicable privilege, protection or doctrine.
Meanwhile, the City of Detroit operates what it calls an educational
channel, which it refused to make available to the Detroit Public Schools. The
original franchise agreement between Barden Communications and the City called
for an educational channel to be shared among the several different educational
institutions, including the DPS. That never happened and the City kept the
channel itself. Superintendent Burnley personally lobbied the City to get
the channel assigned to the DPS to no avail several years ago.
IMLA is delighted to offer a timely program on the new FCC Cell Tower
Shot Clock Order. This is an important new ruling that affects all of
us. We have tried to price it so our members can afford it. If you are
not a member and would like to be, let me know and I'll find a way to
help out.
On December 03, the 75-minute New FCC Cell Tower Zoning 'Shot-Clock'
Order: Issues and Guidance to Effectively Deal With Federally-Imposed
Zoning Deadlines, with speakers John Pestle, Chair of the
Telecommunications Group at Varnum (Grand Rapids, Mich.), and Jonathan
Kramer, Kramer Telecom Law Firm PC (Los Angeles, Calif.), will review
the expected November 18th FCC "shot clock" order, limiting the time
local governments have to process cell tower zoning and other wireless
siting applications. The speakers will discuss the interplay and
tension with existing state and local zoning and siting law; issues of
Congressional limitations on the FCC's rules as de facto zoning
controls; and the practical and technology issues that must be
considered by governments dealing with short-fuse decision timeframes.
The IMLA member cost is $99; the non-member cost is $150. Register by
going to the IMLA website at www.imla.org.
Charles W. Thompson, Jr.
Executive Director, General Counsel
International Municipal Lawyers Association (IMLA)
7910 Woodmont Ave., Suite 1440
Bethesda, Maryland 20814
direct: 202-742-1016
202.466.5424 x 7110
Cell: 240.876.6790
cthompson@... <mailto:cthompson@...>
IMLA 2010 Seminar - Wash. DC April 18-20
IMLA 2010 75th Anniversary Conference - San Francisco October 10-13,
2010
IMLA 2011 Seminar - Wash. DC April 10 - 12
IMLA 2011- Chicago Sept. 11-14, 2011
IMLA 2012 Seminar - Wash. DC April 22 -24, 2012
IMLA 2013 Seminar - Wash. DC April 14-16, 2013
IMLA 2014 - Baltimore Sept. 10-14, 2014 - 200th Anniversary of the
Battle of Ft. McHenry
This service provided by Municipal Code Corporation and the International
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02:31:00
Charter serves most of the state north of I-69. Comcast serves most
everything south aside from parts of western Oakland and Wayne County served by
Bright House.
A new discussion thread has been opened on
GovLoop.com: "What do [local] constituents want to be able to do
online?"
That seems to me to be a fairly important basic question to be answered before
a city takes the social netorking, or other e-gov't, plunge.
There have been no posted replies to the opening discussion thread post as of
DTG of the post you're reading (this post). If you want to follow that thread I
think you might be able to do so without registering on GovLoop.com (I'm not
sure) but if you want to contribute to it, I'm pretty sure you'll need to
register (it is free) & sign in. For details on GovLoop.com either go to
the site or look it up on our Group's Links page.
Anyway, here's the link direct to the thread (you may have to reach it by going
to GovLoop.com, entering either as member or guest, & following links via
forum & topics to this discussion. I was able to get to the URL direct, but
that might be because I'm registered on GovLoop.com):
Posted by Chris Kobar on November 12, 2009 at 4:05pm in Open Gov/ Gov 2.0, What
do constituents want to be able to do online? - GovLoop - Social Network for
Government 2.0, http://www.govloop.com/forum/topics/what-do-constituents-want-to
(last visited Nov. 23, 2009).
N.B. the URL actually ends, "what-do-constituents-want-to" -- this is
not a truncated mistake.
============== peter.haskel@...