If you missed the first two blog posts about the FCC’s most recent 5G Declaratory Ruling, please check out Part 1 and Part 2. This third and final entry focuses on the Notice of Proposed Rulemaking portion of the Commission’s release.
Notice of Proposed Rulemaking
In addition to the pro-industry decisions set forth in its Declaratory Ruling, the Commission is considering going even further to assist wireless carriers in deploying facilities to advance 5G and other telecommunications technologies. Current rules provide that a modification to an eligible support structure that requires excavation or deployment outside the current site is not eligible for streamlined review under Section 6409(a).
Prompted by a petition for rulemaking by WIA that asks the Commission to amend its rules so that a modification will not be a “substantial change” where it involves excavation or deployment at locations of up to 30 feet outside the boundaries of a macro tower compound, the Commission is proposing amendments to its facility rules. Specifically, the definition of “site” would include “the boundary of the leased or owned property surrounding the tower and any access or utility easements currently related to the site” as of the last approval. In addition, “modification of an existing facility that entails ground excavation or deployment of up to 30 feet in any direction outside the facility’s site will be eligible for streamlined processing.”
The Commission has proposed an expedited timeline for filing comments and reply comments in response to this Notice of Proposed Rulemaking. Comments will be due 20 days after the document is published in the Federal Register and reply comments will be due ten days after that.
These actions are the latest steps by the FCC to facilitate the deployment of wireless infrastructure to support the proliferation of 5G technology. With each Commission order the balance of power on siting decisions continues to shift toward the wireless industry and away from localities. Unless Congress and/or the Courts intervene, the inevitable result will be that local governments will have less and less say about infrastructure that so directly impacts their communities.