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Nov. 19, 2009

FCC Chairman Julius Genachowski has extended the time limits for permits on wireless tower sites, making his decision easier to work with for some wireless operators.

In a declaratory ruling adopted late yesterday, the FCC established timeframes of 90 days for collocations and 150 days for all other tower siting applications reviewed by state and local governments.

CTIA had previously petitioned the FCC to establish a timeframe of 45 days for collocation and 75 days for other facilities.

The move is intended to speed the deployment of next-generation wireless networks after the FCC found that there are many instances of unnecessary delays in the processing of applications by state and local jurisdictions.

The new rules allow an applicant to file a claim for relief in court within 30 days of the jurisdiction’s failure to meet the newly established deadlines.

The federal commission also granted CTIA a petition which asked it to clarify that a zoning authority may not deny an application filed by one provider based on the presence of another wireless provider in the area.

In a written statement on the ruling, Genachowski said that the longer timeframes were more consistent with preserving State and local sovereignty and with the intent of Congress.

Genachowski added that the FCC would “continue to monitor this area closely.”

But for the second time now, the FCC still denied a request from CTIA to find that it is a violation of the Communications Act for a state or local regulation to require a variance or waiver for every wireless facility siting.

In a statement on the ruling, CTIA President Steve Largent said the industry association “sincerely appreciated” the quick action on the tower siting issue but did not comment on the denied request.

"The CTIA and the wireless industry look forward to continuing to work with the Commission, state and local zoning authorities and others involved in tower siting to provide more Americans with the most advanced wireless services and technology on the planet," Largent said.

“One challenge mobile operators face is getting timely zoning approvals from state and local officials before building towers or deploying new equipment,” said FCC Chairman Julius Genachowski.

“For example, at the time the petition was filed, of the 3,300 pending zoning applications for wireless facilities, over 760 had been pending for more than a year and 180 had been pending for more than three years. There clearly is evidence that in certain jurisdictions the tower siting process is getting longer, even as the need for more towers and for timely decisions is growing rapidly.”

Failure to adhere to the timeframes could involve the court. The FCC noted that if a “jurisdiction fails to act on the application within this reasonable time period, applicants may file a claim for relief in court within 30 days of the failure to act,” the FCC said.

“The court will then decide what action to take based on all the facts of the case,” the commission said.

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Source: The CTIA.