Antenna Structure

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stock_11272012_0902On Monday, May 18, 2015, the Federal Communications Commission published a notice in the Federal Register announcing the effectiveness as of that same date of the remaining wireless infrastructure rules the agency adopted in October 2014.  In an earlier blog post, we explained that the rules adopted by the FCC in its Wireless Infrastructure Report and Order were taking effect in phases.  The newly effective rules were held up pending review by the Office of Management and Budget.

The principal rules taking effect May 18 fully implement the new 60-day “deemed granted” remedy for companies when the State or local reviewing body fails to act in a timely fashion on eligible facilities modification requests that do not substantially change the physical dimensions of the antennas structure.  This rule was adopted to implement Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, which provides, in part, that “a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.”  This means that companies no longer need wait for actual approval for qualifying deployments in the event the State or local government does not act within sixty days.  …
Continue Reading Last Pieces of Wireless Infrastructure Order Take Effect

At the FCC’s October Open Meeting on October 17, the Commission unanimously adopted a Report and Order to update its rules and procedures for new and modified antenna structures.   In the News Release following the vote, the Commission noted the new rules are expected to create the foundation for increased advanced wireless broadband deployment nationwide.  In their comments at the Open meeting, the Commissioners focused on the effect the new rules will have to facilitate Distributed Antenna Systems (“DAS”) and small cell deployment.

The full text of the Report and Order has not yet been released.  The new rules will take effect 90 days after it is published in the Federal Register.  The longer period was a concession to  Commissioner Clyburn’s concerns about the burdens on state and local governments to comply with the new rules, which will impose a “shot clock” on state and local government review. …
Continue Reading FCC Eases Process for Tower Construction and Wireless Infrastructure Deployment

The release of three notices of liability in the past two weeks regarding alleged violations of the Federal Communications Commission’s (FCC’s) antenna structure violations by the FCC’s Enforcement Bureau (Bureau) reveals the extent to which size may trump uncooperative and extended non-compliant behavior when it comes to proposed forfeitures.  For violations falling under same category…

The FCC on Wednesday found General Communications, Inc. (“GCI”) apparently liable in the amount of $20,000 as a result of an unaddressed lighting malfunction on one of the carrier’s communications towers.  In the Notice of Apparent Liability (“NAL”), the Commission found that as a result of daytime lights on the 56 meter tower being out, GCI committed several rule violations: failure to (1) exhibit the required daytime medium intensity obstruction lighting on its antenna structure, (2) monitor obstruction lighting on a daily basis or maintain a functioning alarm system, and (3) notify the Federal Aviation Administration (“FAA”) of the lighting outage, which the FCC considered as being known as a result of the monitoring requirements.  The matter came to light when an Enforcement Bureau field agent observed the tower structure was not lit during daytime hours on two consecutive days in September 12.  The agent proceeded to contact the FAA and learned that no Notice to Airmen (“NOTAM”) had been issued as a result of the outage.  The FAA issued the NOTAM immediately after being contacted. Only after being contacted by the Bureau’s Anchorage Office did GCI investigate and replace a failing a capacitor on the lighting control board and proceed to install a remote lighting monitoring and alarm system.…

Continue Reading Failure to Maintain Tower Lighting May Cost GCI $20,000