Adapted from an article by T. Scott Thompson andJohn C. Nelson Jr., May 22, 2020 | Original article here.
On May 19, 2020, the Federal Communications Commission (FCC or Commission) released a draft Declaratory Ruling and Notice of Proposed Rulemaking clarifying certain aspects of its rules governing the deployment of wireless equipment on existing telecommunications infrastructure. The draft Declaratory Ruling provides important clarification regarding the Commission’s Rules governing collocations and modifications of existing installations in response to attempted evasions by local governments.
Scheduled for a vote at the FCC’s June meeting, the Commission’s action would clarify:
- When the 60-day shot clock commences for a locality’s review of modifications under Section 6409 of the Spectrum Act of 2012 (codified at 47 U.S.C. § 1455);
S4WT Comment: Of course, In 47 U.S.C. § 1455(a) In General. — the part that does not deal with Federal easements, rights-of-way and leases — is a very short addition to Telecom Law, which simply does not include shot clocks, at all. All FCC shot clocks are a figment of the FCC’s imagination which are inconsistent with the intent of the 1996 Telecommunications Act (1996-TCA) and therefore ultra vires (i.e. outside the law). Also, wireless companies cannot skirt environmental review for any "Eligible facilities request" modifications.
1996-TCA Conference Report:
"Under subsection (c)(7)(B)(ii), decisions are to be rendered in a reasonable period of time, taking into account the nature and scope of each request. If a request for placement of a personal wireless service facility involves a zoning variance or a public hearing or comment process, the time period for rendering a decision will be the usual period under such circumstances. It is not the intent of this provision to give preferential treatment to the personal wireless service industry in the processing of requests, or to subject their requests to any but the generally applicable time frames for zoning decision."
" (3) Applicability of environmental laws: Nothing in paragraph (1) shall be construed to relieve the Commission from the requirements of the National Historic Preservation Act [1] or the National Environmental Policy Act of 1969."
FCC Attorney Erica Rosenberg in 2020
"Every single Wireless Telecommunications Facility (WTF) must undergo NEPA review."
Continue reading “FCC Issues Draft Order Attempting to Game Wireless Streamlining Rules”