FCC Acts on Industry Requests Concerning Macro Towers, Small Cells

UPDATE There’s FCC movement on two requests from the wireless industry relating to towers and small cells. The agency has invited public comment on a Petition for Rulemaking and a Petition for Declaratory Ruling, both filed by the Wireless Infrastructure Association (WIA). The association asked the Commission to adopt new rules or explain existing ones regarding Section 6409(a) of the Spectrum Act of 2012. The Commission is also seeking public input on a similar request from CTIA.

WIA asked the FCC to amend its rules to reflect that collocations requiring an expansion of the current site—within 30 feet of a tower site—qualify for relief under Section 6409(a) and to require that fees associated with eligible facilities requests under Section 6409 be cost-based. WIA also asked the Commission to clarify:

1. that Section 6409(a) and related rules apply to all state and local authorizations;
2. when the time to decide an application begins to run;
3. what constitutes a substantial change under Section 6409(a);
4. that “conditional” approvals by localities violate Section 6409(a); and
5. that localities may not establish processes or impose conditions that effectively defeat or reduce the protections afforded under Section 6409(a). Continue Reading