Local communities and interested parties ought to comment before the November 13 deadline on the FCC rule to reduce local control of cell towers. See below for more information.
NLC is continuing the fight against telecom preemption. We have joined a number of local governments and municipal organizations throughout the country in opposition to recent proposals from the Wireless Industry Association (WIA) and the Communications Technology Industry Association (CTIA). These proposals aim to further limit local oversight of wireless towers and pole attachments.
The FCC requested feedback on the proposals and whether they should expand the scope of Section 6409 of the Middle-Class Tax Relief and Job Creation Act of 2012, which covers existing federal regulations preempting local governance of wireless towers. If enacted, the proposals from WIA and CTIA would substantially limit current authority local governments have to manage changes made to large wireless towers in their communities, as well as further limiting the control pole owners, such as local governments or utilities, have over pole attachments.
The petitions requested of the FCC seek to expand coverage of the 2014 rules to preempt local government oversight of modifications to existing wireless facilities (known as Section 6409 eligible facilities requests). Among the changes requested were:
In response to a request from NLC and other local stakeholders, the FCC has extended its reply comment deadline until November 13. Cities, towns and villages know their community needs best. Use this extended opportunity to advocate for the preservation of important local control and authority.
If your community wishes to file reply comments, use WT Docket No. 19-250, RM-11849 (Implementation of State and Local Governments’ Obligation to Approve Certain Wireless Facility Modification Requests Under Section 6409(a) of the Spectrum Act of 2012) andWC Docket No. 17-84 (Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment). To learn how to file comments with the FCC, click here.