Local Governments Gather Opposition to FCC OTARD Plan

Local governments should join forces to oppose an FCC NPRM to expand the over-the-air reception devices (OTARDs) rule for 5G (see 1904150035), Best Best attorneys said in a Monday legal alert. “If approved, the Rule would limit localities’ authority to regulate placement of hub and relay antennas of a certain size -- regardless of whether an occupant at the site where the equipment is deployed is using the network,” the local government lawyers wrote. “In doing so, the FCC seeks to extend a Congressional directive that protects consumers’ right to install satellite dishes … to network elements that would otherwise be subject to zoning oversight.” The rule may permit wireless companies to install antennas without notifying local agencies or facing local control, they said. Comments on the FCC NPRM are due 30 days from Federal Register publication. The FCC didn't comment.