Page 1 of 2

Andrew Campanelli, Esq.

Title I

March 30, 2021

1

Title I

So, there's questions about Title I classification, Internet versus personal wireless

services. I will tell you that I spend very little, if any, time on this issue for a very

simple reason.

One of the things that I've noticed right now is when applicants file zoning

applications for wireless facilities and I don't care if it's a cell tower or small cell or

DAS node, I would say reasonably in the applications I've seen in 90 percent of the

cases, applicants have filed false or materially misleading information documents.

I've seen false FCC compliance reports, false propagation maps, materially

misleading visual impact analysis.

So, I will tell you that there are many times when I've seen applicants submit

applications and they say they want to install a facility for 4G or 4G LTE. When I'm

convinced it has nothing to do with 4G, it's for something else, whether it's 5G or

broadband or something else.

I avoid the issue because how would a local government be able to figure out what

they're going to do with the facility once it's built? It is very easy for a site developer.

Bear in mind the site developers are not providing any personal wireless service so

they can go in and say, we need this cell tower or small cell or node for Verizon's 4G

service. But if the facility, the application is granted and they build it, who knows

what they're going to put on there. They may have never intended to use it for 4G.

They may intend to use it for data or video streaming or whatever. How can you

challenge that? Local boards don't even know how to determine if there's a gap in

service, much less what the facility is going to be used for.

So, a discussion of Title one, in my view, typically is a complete waste of time. It's a

dead end. You're not going to get anywhere with it. So, I'm sorry to kind of put it off.

But, yes, certainly arguments could be made that certain types of facilities, because

of the use to which they are put, are not covered by the Telecommunications Act.

But no applicant is ever going to admit that they're going to make that a non-issue

simply by claiming we're going to use it for a which is covered by the act. And if

when it gets approved, then we build it, we use it for me. Who's going to stop us?

That's the real world we're facing.

Questions?

None.

OK.

Page 2 of 2

Andrew Campanelli, Esq.

Title I

March 30, 2021

2