FCC Delays Controversial Cellsite Power Mandate

CTIA and NextG, a company that installs distributed antenna systems on utility poles, separately petitioned the FCC asking for a stay. PCIA is expected to file in support of CTIA.

“There is probably a tension between the desire to do something to support emergency communications and the practical realities of what can actually be done,” said an attorney whose client has been active in the proceeding.

“A flood of waiver requests likely will follow if the FCC does not act fast,” said a second attorney. “Bottom line is that the new rule places the entire industry in violation.” Sources said FCC Chairman Kevin Martin’s office is particularly concerned that the rule could potentially create other safety issues -- for example requiring the installation of emergency fuel supply on the roofs of elementary schools that also serve as cellsites.

CTIA filed a 42-page argument asking for the stay, supplemented with testimony from carriers large and small. CTIA said carriers wouldn’t be able to install backup power at all cellsites even if they wanted to because of various federal, state and local laws. “Because these systems contain lead, sulfuric acid, oils and flammable liquids, they are subject to a host of federal, state and local environmental and safety laws that strictly limit or significantly impact their installation and use,” CTIA said. State and local building codes also would prohibit the installation of backup power in some locations: “Such codes… may impose specific restrictions on the weight of equipment placed on roofs and, by extension, the amount of batteries, generators, and fuel that may be stored or kept on rooftops.”

CTIA also cited safety issues. “This is a particular concern where a rooftop location would expose such facilities to lightning and other weather conditions that could compromise the equipment, making it more susceptible to fuel leakage and fire,” CTIA said. “Similarly, the location of such equipment in a church steeple -- another popular cell site location -- may not provide adequate ventilation despite meeting the minimum requirements in applicable rules and may thus pose a health risk to the public.”

CTIA also warned that wireless carriers could not possibly install backup power at thousands of sites by the Aug. 10 deadline. “Carriers will have to conduct structural and electrical studies, renegotiate leases, obtain necessary permits, comply with local, state, and federal safety and environmental regulations, and modify cell sites, even before they can begin the process of ordering and installing back-up power sources,” the group said. The costs would also be high and would have to passed on to subscribers, the group said.

NextG said DAS systems can increase network capacity but DAS nodes on utility poles won’t accommodate backup power supply. DAS units are small antennas. “The nature of DAS networks requires the deployment of many (from tens to thousands depending on the network) of nodes,” NextG said. “Thus, the cost of deploying eight-hour backup power equipment for DAS would be significantly higher than technologies requiring fewer sites. Second, the placement of DAS nodes on utility poles may leave inadequate ground room or structural support for backup power generators capable of providing eight hours of power. Third, many rules and restrictions imposed by cities or pole owners would make it legally impossible for NextG to place its nodes if NextG were also required to place large power generators or batteries at every node.”