wireless infrastructure

A draft Declaratory Ruling and Notice of Proposed Rulemaking (“NPRM”), if adopted, would clarify the agency’s 2014 rules governing the process state and local governments use to review deployments of new antenna and equipment on existing wireless infrastructure and seek comment on a related proposal concerning excavations for such expansions. The clarifications, which are meant to speed the deployment of 5G infrastructure, largely mirror those sought in a pair of petitions for declaratory ruling filed by the Wireless Infrastructure Association (“WIA”) and CTIA in the fall of 2019. Those petitions allege that despite the 2014 rules, states and localities continue to erect barriers that slow their ability to add new facilities to existing infrastructure. In comments on the petitions, states and localities contend that they are substantially complying with the rules and that any delays are caused by applicants or their contractors. However, the FCC apparently plans to move forward with adopting most, though not all, of the industry group clarification requests.

For those who have been following the FCC over the past three years under Chairman Pai’s leadership, the draft item builds on the agency’s multifaceted effort to pave a clear path for the private sector to deploy 5G technologies. Prior efforts include repurposing low-, mid-, and high-band spectrum for mobile wireless operations, reducing the circumstances under which wireless infrastructure deployments must undergo federal historic preservation and environmental reviews, and preempting states and localities from using review processes to slow the deployment of small cells.

The agency is set to vote on the item at its June 9, 2020, open meeting.


Continue Reading Proposed Wireless Infrastructure Item Clarifies Rules Concerning Local Reviews to Speed 5G Deployments

Continuing its focus on broadband infrastructure deployment for 5G technologies, the FCC announced that it plans to eliminate regulatory impediments that delay and increase the cost of wireless deployments at its next meeting, scheduled for September 26, 2018. The item would alter the balance of power between wireless broadband providers and state/local governments concerning control over rights of way and deployment fees. The FCC also anticipates initiating a rulemaking aimed at improving 911 dialing and location accuracy for multi-line telephone systems (“MLTS”), potentially imposing new compliance obligations on office building, hotel, and other large facility managers. Rounding out the major actions, the FCC released draft items that would:  (1) permit toll free numbers to be auctioned and sold on the secondary market and (2) consolidate rules and expand the spectrum available for so-called Earth Stations in Motion (“ESIMs”) that provide high-speed broadband service to vehicles, aircraft, and vessels. The proposed items will generate input from all corners of the communications industry as well as real estate interests. You will find more details on the significant September FCC items after the jump:

Continue Reading FCC Plans Major Wireless Deployment and 911 Actions at September Meeting

On March 30, the Federal Communications Commission (“Commission” or “FCC”) released a Second Report and Order (“Order”) that further clarifies and streamlines the environmental and historical review processes related to deployment of certain wireless infrastructure.  The Commission intends by these actions to facilitate faster deployment of antennas for next-generation wireless networks.

Continue Reading FCC Further Clarifies and Streamlines Environmental and Historical Review Processes for Wireless Deployments

The Federal Communications Commission (“FCC”) took a major step forward on closing the “digital divide” in mobile broadband at its February meeting by unanimously adopting an Order resolving the remaining challenges to the Mobility Fund Phase II (“MF-II”) auction.  The order eases the letter of credit requirements and clarifies the collocation obligations for funding recipients, but generally preserves the MF-II auction budget, disbursement, and performance rules announced last year.  After clearing away these challenges, the FCC will focus on identifying the areas eligible for funding and conducting the auction later this year.

Continue Reading FCC Sets Stage for $4.5 Billion Auction by Resolving Mobility Fund Phase II Challenges

Consistent with Chairman Pai’s focus on accelerating infrastructure deployment to enable next generation wireless services, the Federal Communications Commission (“FCC” or “Commission”) unanimously opened at its monthly meeting on December 14, 2017 a proceeding to exempt wireless communications equipment from historic preservation requirements under certain conditions.  The FCC’s action is directed at enabling operations on so-called “Twilight Towers” – wireless towers constructed between 2001 and 2005 that are claimed to have languished due to regulatory uncertainty.  The Commission describes this proposal as an action that would open up potentially thousands of existing towers for collocations without the need for either the collocation or the underlying tower to complete an individual historic preservation review.

Continue Reading Escaping the Twilight Zone – FCC Aims to Expedite Wireless Deployment by Exempting Twilight Towers from Historic Preservation Review