CARRIERS PUSH FOR CERTAINTY ON CELL TOWER SITING PACT
Wireless carriers are planning a series of meetings at the FCC to convince the Commission to move forward on its long-awaited National Programmatic Agreement (NPA) on cell tower siting, worked out in 3 years of negotiation. CTIA and Verizon Wireless met with a key staffer for Comr. Copps last week in what is seen as the effort’s kickoff.
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Copps has expressed concerns about limiting exclusions under the NPA -- an issue raised by the National Trust for Historic Preservation late in negotiations over the agreement. A Commission source said Copps isn’t alone in his concerns -- as evidenced by the failure of the order to get the necessary 3 votes -- though it has been before the FCC several months.
Meanwhile, the FCC has given the National Conference of State Historic Preservation Officers (NCSHPO) the latest version of the agreement, which is considered a confidential document that hasn’t been made available to wireless carriers or the public. Nancy Schamu, NSCHPO exec. dir., told us Mon. the board has seen the proposed agreement but won’t make a decision until after the full membership has received a copy. That can’t take place until it’s approved by the FCC and made public.
Industry officials who have been working on the NPA for many months expressed frustration Mon. with the FCC. Several lobbyists representing carriers said there’s disagreement among carriers making a major push for a final NPA, especially since they don’t even know what will be in the final version. One industry source said carriers are concerned the NPA seems to have gotten caught up in historic preservation politics. “Industry is frustrated,” the source said: “The ball is in the FCC’s court. If they believe the historic preservation community is going to be hurt they should talk to them.” The source said carriers aren’t willing to “give more ground” in a further negotiation on exclusions.
“Industry is anxious to have things clarified, but they don’t know what this order will look like,” said a regulatory attorney. “It’s hard for the industry to get very excited and push the Commission” to finalize the agreement.
The ex parte filing largely found carriers playing defense. Carriers noted for the record that Copps is “very reticent” to adopt the NPA “without clear, legal definitions, particularly the definition of a commercial area as it pertains to the industrial/commercial area exemption.” For several months carriers have privately identified this objection as a stumbling block to an agreement. The carriers said Copps’ office is indicating concern that some NCSHPO members may not endorse the plan as it has evolved.
The carriers noted that Verizon Wireless in particular made the point that carriers wouldn’t support the NPA if the rights of way and industrial/commercial area exemptions are changed: “These two categorical exclusions are very important to wireless carriers, and are necessary for carriers’ support of the NPA.”
CTIA sharply criticized the National Trust objections as expressed in a Feb. meeting with Copps. “CTIA noted that the industry viewed it as an attempt to rehash issues that have been discussed exhaustively, thoroughly considered, and has already resulted in industry concessions. To revisit these issues again is futile and only delays moving forward with the adoption and implementation of the NPA.”