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Nine Years Later

FCC Approves ‘Common Sense’ Changes to Antenna Rules in 5-0 Vote

The FCC approved what Chairman Tom Wheeler called “common sense” changes to its Part 17 antenna lighting and marking rules, by a 5-0 vote Friday. Commissioners grumbled that the changes had taken too many years to approve. Wheeler said FCC inaction on the antenna rules had been identified as one part of the agency’s ongoing process reform initiative. “There will be more of these kinds of streamlining initiatives forthcoming,” he said.

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The order harmonizes FCC rules with Federal Aviation Administration guidelines, recognizing that FAA is the “expert agency” on air safety, the order said (http://bit.ly/XNBdCG). The order modernizes the commission’s lighting and marking requirements, reflecting technological advancements and current industry standard, the agency said. The order also streamlines reporting requirements for tower companies by eliminating a requirement for quarterly reports for those structures where operators have “robust, continuous monitoring systems” in place.

"We take this action to improve efficiency, reduce regulatory burdens, and enhance compliance with antenna structure painting and lighting requirements, while continuing to ensure the safety of pilots and aircraft passengers nationwide,” the order said.

Commissioner Ajit Pai said eliminating quarterly inspections will save tower operators millions of dollars per year. One company says the quarterly reports have cost it $9.8 million since 2007, he said. Pai also said the FCC’s infrastructure rules have not kept pace with industry. He cited an archaic requirement eliminated Friday: “When the commission eliminates a rule specifying that tower owners must notify the FAA about lighting outages ‘by telephone or telegraph,’ you know our modernization effort is long overdue.”

The FCC has been looking at streamlining rules since 2005, said Commissioner Mike O'Rielly. Why did it take nine years for a vote? he asked. “We simply must do better.” Spectrum “usually gets all of the glory, but not today,” said Commissioner Jessica Rosenworcel. “Keeping these rules up to date helps ensure the safety of pilots and aircraft passengers nationwide.”

"Congress, the Administration and this Commission all have recognized the vital need to facilitate wireless infrastructure deployment,” CTIA said in a news release. “Once those towers are in operation, sensible changes to modernize regulations regarding the maintenance of those towers are essential to enabling wireless tower owners to keep pace with consumer demand and continue the economic growth made possible through the expanding mobile ecosystem.”