Communities need to be on the alert because the FCC has opened a new proceeding that will make it easier for carriers to deploy towers and other wireless infrastructure. On September 9, the FCC approved the Notice for Proposed Rulemaking in Docket WT 25-276 titled Build America: Eliminating Barriers t Wireless Deployments.
The NPRM builds on the FCC’s 2018 Small Cell Order that made it easier for carriers to deploy small cell sites. To cite the introduction to the NPRM, the FCC is looking to “ensure investment and network buildout is free from unlawful regulatory burdens imposed at the state and local level. . . we continue to see regulations that inhibit the deployment, densification, and upgrading of wireless networks, resulting in an effective prohibition of 5G wireless services.”
The current FCC seems to have a penchant for referring to any practice it doesn’t like as unlawful. This seems way over the top. If local communities were being unlawful, then carriers would be prevailing against them in lawsuits and with FCC complaints, which are not happening.
The main thrust of the NPRM is to seek comments on whether the FCC should take steps to ensure that state and local permitting doesn’t effectively prohibit the deployment of wireless infrastructure. The FCC is looking for comments about local regulations that:
- Inhibit the deployment of macro cell towers and other wireless facilities
- Impose unreasonable delays in permitting approvals
- Assess disproportionate or otherwise unreasonable fees
- Condition approval on aesthetic or similar criteria
- Impose other regulatory impediments
To be fair to the FCC and carriers, there are communities that want better cell service while also fighting hard against the construction of new large cell towers. There is a definite NIMBY movement against placing cell towers near the residential communities they serve.
The NPRM also asks if the FCC should implement alternative dispute resolution procedures or an accelerated docket process that has been commonly referred to as a “rocket docket” to facilitate disputes on permitting or tower placement.
The docket also seeks comments to better clarify the meaning of “concealment elements.” which are used by tower builders to minimize the visual impact of towers and other wireless infrastructure. It’s an amusement for my family to point out cell towers poorly disguised as pine trees that stick up far higher than any other trees.
Finally, the NPRM asks if there are any other regulatory changes related to wireless infrastructure that should be considered.