FCC Notice Seen Hinting at Next Major Wireless Infrastructure Item
The FCC sought comment Friday on a CTIA petition filed a few days earlier (see 1909090051) seeking clarity on wireless siting rules. The Wireless Infrastructure Association filed a similar petition in August (see 1908230052). Industry lawyers said the public notice likely presages what will be the FCC’s next big wireless infrastructure push. Local government groups are expected to oppose it.
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
“WIA’s Petition for Rulemaking and Petition for Declaratory Ruling ask the Commission to adopt new rules or clarify existing rules regarding Section 6409(a) of the Spectrum Act of 2012,” said the Wireless and Wireline bureaus. “CTIA’s Petition for Declaratory Ruling similarly seeks clarification of rules relating to Section 6409 and also requests clarifications of rules implementing Section 224 of the Communications Act.”
The PN seeks "factual data and economic analysis of the costs and benefits of the specific declaratory rulings, clarifications, and rule amendments discussed in the Petitions (or any alternative policies) and other factors relevant to whether they would serve the public interest.” The regulator also launched docket 17-84, on Section 24 issues.
Commissioner Brendan Carr, the FCC lead on changes to wireless infrastructure rules, has indicated the agency may do more on the issue but didn’t signal next steps (see 1908060065). Carr didn’t comment.
In 2018, the FCC approved two major wireless infrastructure orders. Both are targets of court action. In August, the U.S. Court of Appeals for the D.C. Circuit reversed a key part of the March 2018 wireless infrastructure order. The court upheld other parts of the order. Industry observers said then the stakes are higher in the other case, before the 9th Circuit, which is looking at the September order (see 1908090058).
“While this is not surprising, we are disappointed that WIA and CTIA are pursuing even more changes to the commission’s wireless siting rules before the legal challenges to last year’s rules can be resolved,” NATOA General Counsel Nancy Werner told us. “We would see more progress with industry and local governments working together to pursue mutually beneficial solutions rather than seeking yet more rule changes leading to yet more uncertainty about the ultimate fate of deployments made under contested rules.”
“Seems like deja vu all over again,” Best Best local government attorney Gerard Lederer told us. “Now that the commission has posted the two petitions for comment, local governments nationally will review the petitions and offer comments in good faith. It is troubling, however, that less than a year after the FCC issued its small-cell rules, rules that the industry universally praised, they are back asking for more. We believe the 9th Circuit will reset many of these rules.”
“We’ll just let the filing speak for itself,” a CTIA spokesperson said. WIA didn’t comment.