Commissioner Carr Announces 5G Upgrade Order On FCC's June 2020 Agenda

Federal Communications Commissioner Brendan Carr announced that the FCC will vote on his 5G Upgrade Order at its next open meeting June 9. Commissioner Carr’s order continues the multi-year effort by Congress and the FCC to eliminate needless delays of tower upgrades. In 2012, Congress required local governments to approve modifications to wireless infrastructure that do not substantially change the size of the towers or base stations. These modifications—taking off old equipment and putting on new equipment—were understood to be crucial to upgrading wireless capacity and improving service. In 2014, the FCC wrote rules to implement the law. That action helped the US lead the world in wireless as 4G services rolled out. Since that time, some of the rules have proved ambiguous, creating disagreements between parties trying to follow them. The 5G Upgrade Order clarifies the FCC’s 2014 rules by:

• Explaining when the 60-day shot clock for local approval begins
• Specifying what new equipment qualifies for streamlined approval
• Clarifying how local governments’ concealment and aesthetic conditions of approval apply
• Asking for public comment on what activity related to a modification can occur outside of a wireless site