FCC Approves Revised OTARD Rules, Handing WISPs Late Win
FCC members revised rules for over-the-air reception devices with an eye toward spurring 5G; Jessica Rosenworcel and Geoffrey Starks concurred. Commissioners approved the OTARD NPRM 5-0 last year, but local government and real estate groups raised concerns in comments (see…
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1906040053). The change was sought by wireless ISPs (see 1904120027). The order, adopted Wednesday and released Thursday, provides protections already afforded to OTARD devices to “hub and relay” antennas used for the distribution of broadband-only service to multiple customer locations. The FCC requires that the antenna be installed on property exclusively used or controlled by the antenna user, where the user has an ownership or leasehold interest in the property. “By making this modest adjustment to our rule while maintaining the other existing OTARD restrictions, we place fixed wireless broadband-only service providers on similar competitive footing with other service providers,” the order said: “This rule change should allow fixed wireless service providers to bring faster Internet speeds, lower latency, and advanced applications … to all areas of the country, and to rural and underserved communities.” Outgoing Chairman Ajit Pai said it's “common sense” reform of wireless infrastructure rules. It "reflects the realities of modern network architecture, including densification of transmission equipment and siting of infrastructure closer to end users, while preserving the rights of property owners or lessees to freely negotiate the terms of antenna placements,” Pai said: “Extending OTARD protection to qualifying broadband-only antennas will remove unreasonable barriers to deployment erected by third parties, such as local zoning laws and private restrictive covenants as well as excessive permitting fees.” The order “notches yet another win in the FCC’s work to accelerate the buildout of Internet infrastructure,” said Commissioner Brendan Carr, who spearheaded wireless infrastructure changes: It makes “it easier for fixed wireless providers to install the antennas needed to expand their networks."