The FCC should adopt “decisive” rules that implement...

to clarify the section, which allowed for federal governance of state and local reviews of eligible requests for modification of existing wireless towers or base stations (CD Oct 29 p15). Specific rules that “define statutory terms and specify application procedures, timelines, and remedies consistent with congressional intent will promote predictability, remove uncertainty, and avoid unnecessary and costly litigation,” PCIA said in an ex parte filing released Wednesday. As the FCC defines what constitutes a modification that will “Substantially Change the Physical Dimensions,” it should apply the 2001 Collocation Programmatic Agreement’s test with modifications that will reflect the 2004 Nationwide Programmatic Agreement, PCIA said. The commission should also “tie” the baseline tower size to a structure’s last zoning approval or the date the FCC instituted rules, depending on which is later. The FCC should approve all eligible “legal, non-conforming structures” within 45 days “without exception and without discretionary review,” but jurisdictions may still require adherence to building codes, PCIA said. The group also urged the FCC to implement Section 332(c)(7) and the Shot Clock, arguing that the group’s members “continue to experience undue delay as a result of additional information requests and moratoria.” To prevent backup, the FCC must establish a “floor” for application readiness, PCIA said. The group also requested the FCC streamline its environmental and historic review process for distributed antenna systems and small cells by “categorically” excluding facilities that meet a tech-neutral, volume-based definition.