CELLULAR AND TELECOMMUNICATIONS PRACTICE

The Firm’s cellular and telecommunications practice area focuses on representing municipalities, property owners and community associations with regard to the increasing presence of telecommunications facilities and towers throughout Long Island and the New York metropolitan area.  The Firm’s unique experience in cellular and telecommunication facilities law is complemented and supported by the municipal law practice.

While municipalities are accustomed to using zoning laws to shape and control the growth and development of their community, the jurisdiction and scope of zoning laws in the area of cellular and telecommunication facilities is limited under the Telecommunications Act of 1996.   Therefore, it is extremely important for a municipality to have a well-drafted ordinance to protect its citizens from inappropriate facility locations and, equally importantly, to forestall litigation over facility sitings.

A notable accomplishment of the Firm in this area was the drafting of a comprehensive telecommunications ordinance that was adopted by the City Council of the City of Glen Cove.  The ordinance includes several innovative requirements that give the City the highest degree of control over the construction and siting of cellular and telecommunication facilities. By requiring specific information and data from the telecommunications company before approvals are granted, the Firm has ensured that City officials and members of the public have more options and can make fully-informed decisions on the merits of these applications.

The Firm also represents private property owners in dealings with telecommunications companies in several different areas.  Property owners approached by telecommunications companies seeking to install facilities may not be as diligent or as knowledgeable as required to protect their interests, and may become subject to contracts that bind the owner and the property itself to adverse arrangements. These contracts must be negotiated with great care.  Strong and knowledgeable representation is required to protect the rights and interests of property owners.

Community groups seeking to contest telecommunications companies from locating facilities and towers in their neighborhoods must utilize empirically supported arguments based on scientific fact and data under applicable guidelines and regulations.  The Firm provides guidance to community groups in these matters.

In addition to our representation of clients in this relatively new area of the law, the Firm’s attorneys have served as expert sources of information and guidance for the news media.

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