Localities Slam FCC Proposal on Revised Infrastructure Rules
Local and state government groups slammed an FCC proposal for further changes to wireless infrastructure rules proposed in a wireless infrastructure NPRM, approved 3-2 in June (see 2006090060). The NPRM seeks comment on a Wireless Infrastructure Association request for amended…
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rules saying a modification doesn’t cause a “substantial change” if it entails excavation or deployments at up to 30 feet outside macro tower compound boundaries and was expected to face opposition (see 2006120051). “Though the text of the proposal to allow modifications up to thirty feet outside the existing tower site also is not set out in the NPRM, it is evident this proposal cannot meet basic principle of Section 6409(a)” of the 2012 Spectrum Act, the groups said: “The rule would, by its very terms, apply the statute to modifications that are not on the ‘existing wireless tower’ nor even within the existing tower site, with no regard for whether or not such deployments ‘substantially change the physical dimensions of such tower.’” NATOA, the U.S. Conference of Mayors, National League of Cities, National Association of Counties and National Association of Towns and Townships filed Wednesday in docket 19-250. “There is no reasonable reading of the law that would extend its reach to locations where wireless deployments literally do not exist,” emailed Nancy Werner, NATOA general counsel: “With clarifications that ensure adherence to the law, we support the conclusion that the ‘site’ is limited to the area specifically reviewed and approved for a wireless tower through a discretionary permit process.”