FCC Proposes to Remove Barriers to Wireless Infrastructure (update)

The Federal Communications Commission adopted a Notice of Proposed Rulemaking (NPRM) initiating a review of its wireless infrastructure policies. The NPRM builds upon the Broadband Acceleration Initiative, including a 2011 Notice of Inquiry seeking comment on measures needed to reduce obstacles to obtaining access to rights-of- way and locations for wireless facilities. Increasing certainty in the FCC’s processes and removing barriers to infrastructure deployment will spur public and private investment, while expanding wireless coverage and capacity throughout the Nation.

Specifically, the NPRM seeks comment on:

• Streamlining the environmental and historic preservation review processes for newer technologies, including small cells and distributed antenna systems;
• Removing barriers to the deployment of temporary towers that are used in cases of emergencies or to add capacity during short term events;
• The meaning of terms included in a provision of the Middle Class Tax Relief and Job Creation Act of 2012 which states “a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station;” and
• Clarification of issues addressed in the Commission’s “shot clock” order which set time periods for state and local governments to complete review of wireless siting applications.

Update:
Submit comments on or before January 17, 2014 and reply comments by February 18, 2014.