Court Decides in FCC’s Favor in OTARD Case

By Leslie Stimson, Inside Towers Washington Bureau Chief

A federal appeals court on Friday ruled in favor of the FCC in a case brought by the non-profit Children’s Defense Fund. The non-profit challenged the legitimacy of the amendment adopted by the FCC to its “Over The Air Reception Devices” (OTARD) rule in January, 2021. The U.S. Court of Appeals for the District of Columbia Circuit denied the Children’s Health Defense petition to overturn the Commission’s OTARD rule.  The Wireless Internet Service Providers Association (WISPA) said it asked the FCC to update the OTARD rule. The 2021 update allows the installation of fixed wireless base station antennas including 5G antennas on private property (including homes) in order to provide wireless service to other properties.  In its decision, the court noted that in 2019, “the Commission solicited comments on expanding coverage to include antennas that act as ‘hub sites’ or relay service to other locations—thus, eliminating the 2004 prohibition on antennas “designed primarily for use as hubs for distribution of service.’” Continue Reading