Unanimous FCC Seeks Comment on Rules for Speeding Wireless Facility Deployment

The NPRM proposes to streamline the environmental and historic preservation review process for new technologies, including small cells and distributed antenna systems, officials said at the meeting (http://fcc.us/1fJhj0d). It proposes a narrow exemption from the commission’s preconstruction environmental notice requirements for the installation of temporary cell towers, allowing deployment during times of unanticipated temporary need.

The notice also seeks comments on whether the commission should clarify its rules for local government review of wireless facility applications and offer further elaboration on the commission’s 2009 “shot clock” order. In a fourth area, the NPRM proposes rules implementing one part of last year’s spectrum law, which says “a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.”

Acting Chairwoman Mignon Clyburn said the FCC proposes taking only limited, careful steps to make it easier for carriers to build out towers and other facilities. “Over the past four years, the commission has taken a number of significant steps to reduce barriers to wireless infrastructure investment,” she said. “Today’s notice is another step toward removing barriers to the deployment of much needed wireless infrastructure."

"Spectrum gets all the glory,” said Commissioner Jessica Rosenworcel. “But the unsung hero of the wireless revolution is infrastructure, because no amount of spectrum will lead to better wireless service without good infrastructure. Today, however, the commission gives facilities siting its proper due. In this rulemaking, we consider how to streamline our tower siting rules to facilitate infrastructure deployment, particularly in those cases where new facilities have minimal or no impact on the local environment.”

"Federal regulations that were written with 200-foot tall towers in mind just don’t make sense when applied to recent innovations like small cells,” said Commissioner Ajit Pai. “State and local governments have slowed deployment as well. Every consumer wants fast, dependable wireless service in his or her neighborhood. But many aren’t as enthusiastic about having nearby the physical infrastructure that makes such service possible. This kind of ‘not in my back yard’ sentiment can lead municipalities to needlessly delay or block the installation of wireless infrastructure.”

CTIA, PCIA and other industry groups welcomed the NPRM. “This is an area where the commission can do some good by getting rid of roadblocks that hinder timely tower siting,” said Free State Foundation President Randolph May. “I especially like the notion of applying a ‘deemed granted’ presumption when the local government fails to act on a timely basis. Indeed, there are instances where perhaps the FCC ought to apply such a ‘deem granted’ presumption when it fails to act in a timely manner."

"With new technology and greater demand for coverage, there is no reason why regulation should inhibit network build-out,” said Steve Berry, president of the Competitive Carriers Association. “CCA was supportive of the FCC maintaining authority to promulgate tower siting rules, which the U.S. Supreme Court upheld in a 6-3 decision in May, and we are pleased the FCC remains focused on this issue. Consumers should not have to bear the burden of delays in network expansion because their carriers are tied up in administrative processes, and we are glad to support the FCC recognition of this issue."

Infrastructure deployment is key to broadband deployment, said PCIA President Jonathan Adelstein, a former FCC commissioner. “Each member of the commission made clear today that they totally ‘get it’ when it comes to the central role of infrastructure in expanding wireless broadband everywhere,” he said.