Wireless Industry, Local Governments at Odds on Siting Rules
Most commenters agree the FCC should modify its wireless tower siting rules to help speed the deployment of distributed antenna systems (DAS) and small cells, PCIA said in reply comments at the FCC. CTIA agreed, telling the FCC the record is “overwhelming” in favor of streamlined rules. The FCC launched a rulemaking in September (CD Sept 27 p10) on speeding siting, especially for DAS and small cells. Several local governments said the FCC should beware of some of the changes sought by the wireless industry.
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The FCC in part is trying to implement the desires of Congress. Section 6409(a) of the 2010 spectrum law provides that a state or local government “may not deny, and shall approve” all requests for collocation, removal or replacement of transmission equipment on an existing wireless tower or base station, it does not substantially change the physical dimensions of the tower or base station.
"Commenters recognize that distributed antenna systems ... and small cells are technologies that, at most, lightly touch the environment while reducing the need for new towers, and therefore streamlined review is appropriate,” PCIA said (http://bit.ly/1jVh3wq). “The record, however, demonstrates that the FCC’s current environmental and historic preservation review procedures needlessly delay the deployment of these technologies. As such, commenters strongly support a categorical exclusion from the Commission’s National Environmental Policy Act (NEPA) review of DAS and small cell facilities that meet a technology neutral, volume-based definition.” Many commenters also support streamlining the historic preservation review of DAS and small cells under the National Historic Preservation Act, PCIA said.
The Competitive Carriers Association said revised siting rules are critical to timely deployment of broadband. “Unduly burdensome approval policies can create significant obstacles to timely deployment of network facilities, and can impede investment in much-needed wireless infrastructure improvements,” CCA said. “In addition, outdated regulations can fail to keep up with changes in wireless technologies” including DAS, small cells and small Wi-Fi antennas.
T-Mobile said as a carrier on the “front lines of cell site development and modernization” it can substantiate that siting issues are a problem. “Unfortunately, too often T-Mobile finds that unreasonable municipal requirements prevent or delay the deployment of collocations and the modernization of existing cell sites that are necessary to support those services,” T-Mobile said (http://bit.ly/1g3z2jz). “In T-Mobile’s experience, many municipalities refuse to expedite the siting process, and some have established procedures to slow the process -- even in the face of Congressional mandates. T-Mobile’s experience is not isolated."
The District of Columbia countered industry arguments. Local governments believe they need “the flexibility to develop and implement solutions that best meet the needs of their individual communities consistent with the requirements of federal law, and that the Commission should at this time continue to focus on facilitating the development of collaborative best-practice processes between State and local governments and wireless providers,” the city said (http://bit.ly/1iejJU6).
Fairfax County, Va., said the FCC should take its time to implement the siting provisions in the spectrum law. “Glaringly absent from Industry comments is any data or comprehensive research demonstrating that local regulatory review thwarts the expeditious deployment of telecommunications infrastructure -- either with respect to collocations or initial applications,” the county said (http://bit.ly/1l7BHt7).
The FCC should proceed with caution, said the city of San Antonio. “Section 6409(a) is less than two years old, and the process of applying its provisions to the widely varying factual circumstances that each proposed wireless facility placement inherently presents is in its early stages,” the city said (http://bit.ly/1cdTBuf). “The Commission would do well to refrain from adopting any binding interpretations of Section 6409(a) at this early juncture and to instead allow localities and industry, based on their still-growing experience, the time to develop best practices.”