Wireless Industry Asks FCC to Press Forward on Changes to Wireless Siting Rules
CTA, CTIA, the Wireless Infrastructure Association and other industry commenters told the FCC it needs to adopt rules to speed wireless siting if it wants to ensure the rapid deployment of 5G and the IoT. Comments were due on the FCC’s NPRM and notice of inquiry on wireless siting Thursday. Groups representing local and state government urged caution, noting the role they have in protecting the interests of local citizens. Comments largely mirrored those filed earlier this year on a Mobilitie petition asking the agency to pre-empt state and local authority over rights of way (ROWs) (see 1703080011).
“For the future internet to flourish, providers must be able to deploy wireless infrastructure readily to replace and supplement wired links to homes and other end points with wireless links, as well as to add needed capacity to existing wireless networks,” CTA said in comments in docket 17-79. “Just as the future internet will depend on a mixture of unlicensed and licensed spectrum across multiple bands, so too will it depend on the availability of rich and diverse infrastructure.”
CTIA told the FCC it has “unquestionable authority” to clear away barriers to wireless infrastructure construction. “While some local governments recognize the urgent need for greatly enhanced wireless networks and act efficiently to approve them, others impose multiple barriers including long delays, onerous requirements and restrictions, and high fees,” CTIA said in comments. “Those barriers are real and widespread.” CTIA urged the FCC to “expand the deemed granted remedy to include all facilities applications” and impose a 60-day shot clock for all collocations and a 90-day shot clock for all new facilities. CTIA also urged the FCC to clarify that shot clocks apply to wireless facilities in rights of way and on municipally owned poles and other property in ROWs, and cover “the entire local review process.”
CTIA and the Wireless Infrastructure Association filed joint comments specifically addressing speeding up Section 106 reviews in tribal areas. The reviews assess the historic, cultural and religious significance of sites where facilities are built. Issues with buildout in tribal areas are already in the FCC’s crosshairs. Last week, FCC Chairman Ajit Pai went to the National Congress of American Indians for a speech and series of meetings with tribal leaders (see 1706140028).
The average time for completing the Section 106 consultation with the tribes is 110 days and more than 30 percent take more than 120 days, CTIA and WIA said in comments. Costs are going up, the groups said: the average cost per tribe that assesses fees increased 30 percent and the average fee for collocations increased by almost 50 percent between 2015 and 2016. “A small but growing number of Tribes view the Section 106 process primarily as a revenue source, and this small group has a disproportionate impact on the process, as it generates over 70 percent of the review requests,” they said. But only 0.33 percent of tribal reviews find a potential adverse effect from the new facility.
Nokia said the FCC should develop a multipronged approach to speeding siting, working through its new Broadband Deployment Advisory Council. “Preemption based purely on exceeding pre-determined reasonable timelines … is a blunt instrument best included as part of a multi-pronged, collaborative approach,” Nokia said. “Indeed, processing time is only one of many issues that the Commission should address.”
Local Governments Fire Back
Industry faces significant pushback from local and state governments. “Recent public statements by several Commissioners suggest that, indeed, even before this NPRM/NOI [notice of inquiry] was issued, certain policy determinations have already been pre-judged,” New York City said in comments. New York questioned whether the FCC has much legal authority to pre-empt or otherwise limit local government decision-making on the placement of antennas and other wireless facilities on property the local government owns or controls. The FCC needs to face other realities as well, the city said: “The decisions that states and localities make on these issues are heavily influenced by the resources they have available, and new regulations by the Commission will not change those realities.”
The city and county of San Francisco said the area has been a leader in allowing carriers to deploy small cells and distributed antenna systems. “Local governments should not be required to allow wireless carriers to install facilities in locations or in a manner that impairs public vistas, detracts from scenic and historic resources, or blights neighborhoods,” San Francisco said. “Nor should local governments be required to make municipal assets available for use by wireless carriers at regulated rates.” The comments questioned the wisdom of speeding the shot clock. “While San Francisco has been able to process those applications within 90 days, it has done so only by limiting the number of applications each carrier can submit each week. However, these facilities still require significant local review. Many local governments could be hard-pressed to meet shot clock deadlines shorter than 90 days for collocations and 150 days for new wireless facilities.”
Chicago said it supports the existing federal “shot clock” deadlines. If the shot clock is missed, proponents of a project must go to court. “Changing this framework so that applications are instead 'deemed granted' as a matter of law automatically upon reaching the shot clock deadlines completely ignores the highly fact-specific scenarios a local community acting in good faith could face in complying with the deadlines and threatens public safety as well as the ongoing operation of complex communication systems serving existing users,” Chicago said in comments.
The National Trust for Historic Preservation said it agreed with earlier comments by the National Conference of State Historic Preservation Officers that the FCC apparently had consulted with industry alone before launching the proceeding (see 1706140054). Any rules should be based on consultation “with a balanced working group that includes the expertise of a variety of stakeholders,” the National Trust said.