FCC Could Tackle Next Wireless Infrastructure Order at June Meeting

The FCC could act on CTIA and Wireless Infrastructure Association proposals for more changes to wireless infrastructure rules designed to accelerate siting of towers and other 5G facilities (see 1910300027) at commissioners' June 9 meeting, industry and agency officials said in interviews this and last week. The regulator wrapped up a comment cycle last year, with support from CTA and other industry groups and widespread opposition from local government groups (see 1911210054). That opposition continues.

The CTIA and WIA petitions seek clarity on FCC authority over municipalities under the 2012 Spectrum Act. Clarify that under Section 6409, if a siting authority “fails to timely act on an application,” it's “deemed granted” and “applicants may lawfully construct,” CTIA petitions. “Clarify that the term ‘concealment element’ in the rules applies only to a stealth facility or design element, such as an artificial tree limb or screen, and that concealment requirements may not be used to disqualify an application as an eligible facilities request,” CTIA said.

WIA President Jonathan Adelstein told us before the petition was filed “industry is encountering some municipalities where they’re not properly applying Section 6409” (see 1908230052). Commissioner Brendan Carr, who heads the wireless infrastructure push, hasn't made an announcement and the FCC didn’t comment Monday. CTIA filed a letter seeking action and Adelstein spoke with aides to Commissioners Mike O’Rielly and Geoffrey Starks, said filings posted Monday in docket 19-250 (see here and here).

“There is long-standing, bipartisan support to streamline the deployment of wireless equipment on existing infrastructure,” said Scott Bergmann, CTIA senior vice president-regulatory affairs: “Further clarification and guidance will provide certainty for both providers and localities, which will be important as we look to jump start our economy with support from additional wireless connectivity.”

“WIA submitted petitions last year and has strongly advocated for them since then,” emailed a spokesperson. “We hope that the commission will provide the needed clarifications the petitions request to smooth the path for 5G deployment.”

“Now is not the time for the commission to expand the scope of wireless applications that would be subject to a short shot clock and a deemed granted penalty,” Nancy Werner, NATOA general counsel, told us. “Local governments are focusing on protecting our health and safety and providing essential services under very difficult circumstances, and now are facing significant budget shortfalls.” If the FCC acts soon, it would “be adding to the burden of local governments, forcing them to change policies and practices to conform to the new order," she said, "for the benefit of a subset of wireless permit applications.” Localities “have worked collaboratively with the wireless industry to make sure communications services have been available during the pandemic,” Werner said. The National League of Cities continues to have concerns about the industry proposals, said a spokesperson.

Commissioners “have always made sure to reach out to local government to discuss the impact of proposed rule changes,” said Best Best’s Gerard Lederer, questioning how an item could be ready for June. “We have not seen what the commission feels,” he said: “The original posting was not the commission’s but industry’s. We have yet to hear from anyone at the commission.” Lederer “would expect that the commission would afford us an opportunity to review any proposal and provide comments.”

“As COVID-19 has only made more apparent, consumer demand for connected devices, applications, and data-intensive services is growing by the day,” said Jamie Susskind, CTA vice president-regulatory affairs. “Quick action by the FCC is key to ensuring the tech sector can keep up with demand for innovative technologies and that our nation can be the global leader in the race to 5G.”