Disagreements Remain on Proposal for Revised Infrastructure Rules

The law is clear the FCC can't make changes in a proposal for further changes to wireless infrastructure rules for collocations in an NPRM approved 3-2 in June (see 2006090060), said local and state governments. Industry urged moving forward. Replies were posted Tuesday in docket 19-250 (see 2007230070). “The record does not support” this interpretation of Section 6409(a) of the 2012 Spectrum Act, said NATOA, the U.S. Conference of Mayors, National League of Cities, National Association of Counties and National Association of Towns and Townships. “Comments supportive of this proposal fail to address the clear statutory limitations,” they said: “The programmatic agreements on historic preservation and environmental review are not related to Section 6409(a), and the desire for ‘consistency’ between these agreements and the Section 6409(a) rules cannot override the statutory limits.” If the commission adopts the proposed compound expansion rule, “Western Communities Coalition favors measuring the existing site only from the original site boundaries,” the coalition said: “This approach would be more consistent with both the statute and existing regulations, while also avoid penalizing local governments that have previously approved site expansions in their discretion.” Industry called for action. “By classifying site expansions of up to 30 feet as non-substantial, the Commission will streamline upgrades to existing sites, and advance its longstanding policy to promote more intensive use of existing infrastructure, which can reduce the need for new construction,” CTIA said. “The Commission has ample authority to adopt these clarifications to its rules implementing Section 6409,” the Wireless Infrastructure Association said: “Doing so will promote collocations, provide greater clarity, reduce costs and timelines for deployments, and promote the usage of the equipment necessary for 5G deployments and public safety operations.”