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5G: Analyzing the Infrastructure Issues with Next Generation Wireless

Level: Advanced
Runtime: 91 minutes
Recorded Date: November 25, 2019
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Closed Caption


  • Demand for Mobile Data
  • FCC Action
  • Effective Prohibition
  • Presumptive Caps
  • Aesthetic Regulation
  • Batching and NOI
  • Clarifications
  • Local Governments and Wireless
  • Solutions
  • FCC Authority to Preempt Local Barriers
  • Limited Safe Harbors
  • Challenges to the FCC Orders
Runtime: 1 hour 31 minutes
Recorded: November 25, 2019


The struggle to deploy the underlying infrastructure needed to meet existing customer demand for wireless data and what future wireless technologies require is real: 5G deployment has everyone involved, from federal to local.

Join our panel of seasoned communications and infrastructure advocates to learn more about the various points of view regarding the regulation of 5G infrastructure. Faculty will also provide you with a review of state and federal action and associated litigation.

This program was recorded on November 25th, 2019.

Provided By

American Bar Association
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Sean A. Lev

Legal Director
Democracy Forward

Sean Lev is Legal Director at Democracy Forward.

Prior to joining Democracy Forward, Sean was a partner at Kellogg, Hansen, Todd, Figel and Fredrick, PLLC where his work focused on regulatory, administrative, and appellate litigation. In between more than18 years at Kellogg Hansen, Sean served as the General Counsel of the Federal Communications Commission from June 2012 through December 2013 where he was responsible for all legal advice provided to the Commission, for all Commission litigation, and was the Director of the Commission’s Technology Transitions Policy Task Force. Prior to being named General Counsel, Sean served as Deputy General Counsel and Senior Advisor to the Chairman. Before coming to the FCC, Sean served as the Acting General Counsel of the United States Department of Energy (DOE) from March through December 2011. Sean also served as the Deputy General Counsel for Environment and Nuclear Programs at DOE beginning in June 2009. He started his career as a clerk to the Honorable Patricia M. Wald of the U.S. Court of Appeals for the District of Columbia Circuit and then worked as an attorney on the Civil Division, Appellate Staff at the United States Department of Justice.

Sean received his JD magna cum laude from Harvard Law School and his BA magna cum laude from Williams College.

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Joseph Van Eaton

Best, Best & Krieger, LLP

Joseph Van Eaton represents government agencies on a broad range of communications issues in federal and state courts, before federal and state agencies and at the negotiating table. Joe is a partner in Best Best & Krieger LLP’s Municipal Law practice group in the firm’s Washington, D.C. office. He is also a registered federal lobbyist and a member of BB&K’s Government Relations team.

Prior to joining the firm in 2011, he was a founding partner of Miller & Van Eaton, a nationally recognized telecommunications law firm.

Joe helps communities develop wireline and wireless communications ordinances, negotiates franchises for cable and telecommunications service providers and assists communities in developing their own communications networks. He has successfully defended local government efforts to establish and operate municipally owned systems. He has been a leading advocate for local governments before the FCC, including in key rulemakings affecting local authority to regulate placement of wireless facilities. Involved in the development of publicly owned and nonprofit fiber networks, Joe plays an active role in the regulatory and legal debates regarding the development of open, neutral networks. He has negotiated contracts requiring the deployment of infrastructure that can be used by multiple providers to offer communications services, in return for rights to use municipal infrastructure.

Joe has significant experience working with Congress, federal agencies and state legislatures on legislation and regulations affecting municipalities. His practice focuses on representing cities on a broad range of communications issues.

In addition to his experience working with legislative bodies and state and federal regulatory agencies, Joe has significant litigation and appellate experience, and has successfully argued cases in most of the U.S. Courts of Appeal and before several state Supreme Courts. He has served as a special appointee to the board of directors of the Alliance for Community Media and is the recipient of the George Stoney Award, the International Municipal Lawyers Association President’s Award and the National Association of Telecommunications Officers and Advisors Ovation Award.

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Andrew C. Emerson

Porter Wright Morris & Arthur LLP

Andy is a partner in the firm's Litigation Department where he chairs the firm's Wireless and Telecommunications practice. He is a nationally recognized expert in wireless telecommunications law and is currently a Vice Chair of the American Bar Association, Infrastructure and Regulated Industries Section and Communications Committee. Andy helps wireless carriers build and modify small cell wireless networks, indoor and outdoor distributed antenna systems (DAS), macro cell sites and mesh wireless networks. Recently, in connection with assisting a major wireless carrier deploy small cells, Andy successfully advocated for and negotiated small cell legislation in multiple state legislatures.

Andy manages a team of Porter Wright attorneys that represent wireless carriers as they upgrade their networks from 4G to 5G. Specifically, the team helps clients build strong records to support deployments; comment on local siting ordinances and federal and state regulatory dockets that impact wireless deployment; and negotiate right-of-way access and small cell structure attachment agreements, DAS, and WiFi agreements with large venues, stadiums and local entities. These agreements help clients improve data speeds, offload traffic from their mobile networks and enhance service in high density areas.

He is recognized in The Best Lawyers in America® for energy law. He represents competitive electric and natural gas suppliers before the Public Utilities Commission of Ohio (PUCO) and has represented telecommunication and electric utilities, as well as transportation companies, in merger proceedings, utility transactions, complaint cases, and rulemaking proceedings before the PUCO, and appeals to the Ohio Supreme Court and the federal courts, as well as related treble damage actions in Ohio state courts.

Before joining Porter Wright, Andy served as a judicial extern for The Honorable R. Guy Cole, Jr. of the United States Court of Appeals for the Sixth Circuit, and as Special Assistant to Assistant Attorney General Anne K. Bingaman of the United States Department of Justice, Antitrust Division.

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Catherine P. McCarthy

Bracewell LLP

Catherine McCarthy has represented clients on energy regulation and policy matters for more than two decades. Cathy currently chairs Bracewell's Energy Regulatory Department. Her experience includes obtaining Federal Energy Regulatory Commission (FERC) and state authorizations for major projects and transactions; FERC compliance and enforcement matters; FERC transmission and centralized markets issues; and rate, tariff and refund matters. She also represents energy clients before the Department of Energy, the Federal Communications Commission and the Nuclear Regulatory Commission.

Cathy has been recognized as one America’s Leading Lawyers for Energy Law by Chambers USA (2010-2017) and Chambers Global (2014-2017); selected as one of The American Lawyer’s 45 Under 45 (2011); and included in The Legal 500 United States, Energy: Regulatory (2011-2013, 2016-2017).

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