Rapisarda Comments on Recent Uptick in Using Section 6409

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A Decade Later, Section 6409 is Still Facilitating Wireless Deployments

Rapisarda provides consultation, legal advice, and strategy relating to all aspects of wireless infrastructure development. He works with carriers, tower companies and vendors on all land use, zoning, permitting, and related approvals and agreements that are needed to develop wireless infrastructure. He also litigates in real estate or telecom act claims. Rapisarda does most of his work in and around Maryland, Washington D.C. and Virginia, or he can rely on partners and associates with similar skills sets in Pennsylvania, Florida, Illinois, and Massachusetts. 

Recently, Rapisarda’s expertise was needed to get colocations approved on existing facilities. For example, one monopole colocation was delayed because the related compound expansion pushed into the setback, and the county insisted (at first) on a variance. Instead of applying for a variance, a discretionary approval with a high legal standard and high risk for the client, Rapisarda relied on 6409 and subsequent FCC decisions as a mandatory lens to view and apply local code, which ruled out the variance and led to, as the county agreed, a low risk, virtually nondiscretionary approval of the compound expansion that was not substantial change.

“We found a pathway with the highest chance for success, lowest risk of failure, and enough to persuade the county to agree,” Rapisarda explained. “6409 helped us use and clarify the county’s definition for a minor expansion or minimal expansion of a non-conforming use.”

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