Tower Owners Hopeful ‘Collocation’ Rights Can Overcome State, Local Regulations
ORLANDO, Fla. -- Those at the PCIA show were enthusiastic about recent growth of LTE technology, and the wireless infrastructure advances needed to support it including distributed antenna systems (DAS) and small cell towers, they said. Evercore analyst Jonathan Schildkraut wrote investors that enthusiasm in the industry appeared at “record highs” and forecast continued growth.
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But several state and federal regulatory issues will continue to pose issues for deployment, speakers said during the conference that ended Wednesday. Most praised Section 6409(a) of the Taxpayer Protection Act of 2012, which will give infrastructure builders more ability to circumvent local opposition to tower deployment and infrastructure upgrades.
Section 6409 is a “wonderful tool,” but it can’t substitute for educating local officials who need to understand the benefits of the added infrastructure and not feel overruled, said John Zembruski, T-Mobile corporate counsel. Jonathan Campbell, PCIA government affairs director, said some states are looking to improve the “collocation by right” provisions of the section. Michigan’s legislature did so recently by shortening the “shot clock” on the process, he said, and Pennsylvania’s House is scheduled to consider a similar measure. Communications lawyer William Sill of Wilkinson Barker said another paragraph of 6409 allows the General Services Administration to establish uniform leasing policies, which will also spur deployment.
Tower builders shouldn’t rely on carriers to ensure compliance with federal and state rules, said Angelique Stephens, WesTower Communications vice president-business development: “Everyone has to know the rules and make sure they comply with them.” Environmental and tribal reviews shouldn’t be overlooked, she said. Dan Abeyta, the FCC’s assistant chief for National Environmental Policy Act (NEPA) adjudications, said compliance problems often come from smaller companies, located in the Midwest or West. He cited the case of a company that didn’t get environmental reviews of its towers and had to remove one because it was built on an Indian burial ground.
Environmental concerns are also raising some issues, including avian deaths, Stephens said. The NEPA sets guidelines to protect birds, but some states are going beyond the requirements, notably California and New York, she said. Los Angeles recently waived some California Environmental Policy Act rules to encourage more wireless broadband development, she said. The industry should continue to seek waivers in areas where environmental regulations are slowing deployment, she said. Abeyta said some agencies are also streamlining their own NEPA compliance policies and procedures.
To address bird deaths, John Page of the FAA said his agency is working on adjusting its guidance on bird safety to focus on tower lighting issues, but the changes won’t be mandatory. A steady red light, as many towers have, will attract birds, causing a collision or resulting in death by exhaustion of birds that circle the red light, Stephens said. The FAA has developed specific light flashing patterns that avoid attracting birds while still being clearly visible to pilots, Page said. The FAA is looking to establish more uniform rules to address tower markings, he said, citing one tower in Georgia that used reflective tape to mark its tower. Sill said it’s dangerous to have a “patchwork quilt” of state rules governing tower lighting and marking. Associate General Counsel Robert Millar of Crown Castle said local and state issues can also greatly impact DAS providers that often rely on utility poles to deploy their infrastructure.