Local Governments Fight CTIA Bid for Tower Siting Clarity
CTIA is hitting significant local government resistance as it petitions the FCC to clarify federal authority over cell towers and wireless facility siting. The National Association of Telecommunications Officers and Advisors, the National Association of Counties, the National League of Cities and the U.S. Conference of Mayors are among those asking the FCC to extend by 60 days a Sept. 15 deadline set by the Wireless Bureau for comments on the petition. This week CTIA asked the FCC to stick with the bureau’s deadlines of Sept. 15 for comments, Sept. 30 for replies.
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In a July 11 petition, CTIA asked the FCC to clarify how long a state or locality has to act on a siting request and to declare that if such decisions don’t come in a timely manner the applications are deemed granted. CTIA also asked the FCC to clarify that the Telecom Act “bars zoning decisions that have the effect of prohibiting an additional entrant from offering service in a given area.” The agency also should preempt local and state laws from imposing “unique, burdensome requirements” on wireless siting requests, for example treating all requests as requiring variances, CTIA said.
The municipal groups signaled that they are girding for a fight. They called CTIA’s claims unsubstantiated “bald allegations” in their filing seeking 60 more days to comment on the CTIA petition. “The Commission ought to require CTIA to identify the unnamed government entities and to provide details of the application process in each case,” the groups said. Montgomery County, Md., similarly asked for more time. “The CTIA Petition rests on the factual presumption that some action is necessary,” the county said. “Given that the petition rests on factual assertions, it is important that local governments have sufficient time to develop information to provide a reasonable response.”
Other parties have “ample time” to respond, CTIA said. “The primary arguments presented -- that public notice of the public comment dates was issued in the month of August when many local government professionals take vacations, that Labor Day occurs prior to the initial comment date, that some local elected officials may be attending the national political conventions, that a conference is scheduled during the comment period - do not warrant the extension request sought.”