FCC Wireless NPRM

[UPDATED 10/28/2013 at 10:20 a.m. Pacific Time]

Today, October 28, 2013 the National Association of Telecommunications Officers and Advisors (NATOA) will be conducting a national teleconference/webinar on the FCC’s NPRM, discussed below.

The topic of the eNATOA is: Local Governments, Wireless Siting Practices, and the FCC.  Speakers for this session include Ken Fellman, Vice President, Kissinger & Fellman, P.C.; Jonathan Kramer, Lawyer & Telecom Engineer, Telecom Law Firm, P.C.; and Matthew Schettenhelm, Attorney, Best Best & Krieger.

 The description for this panel is: Local Governments, Wireless Siting Practices, and the FCC 

On September 26th, the Federal Communications Commission released a Notice of Proposed Rulemaking (NPRM) that looks at local government wireless facilities siting practices and policies.  Please join us for this special eNATOA webinar to learn how this NPRM may affect local government rights-of-way management and authority and impact your community.

To sign up please visit http://NATOA.org.  On the right-hand side of the page find “Upcoming Events” then click on “October 28, 2013 –  eNATOA – Local Governments, Wireless Siting Practices, and the FCC.

To download Jonathan’s PowerPoint in native or PDF format, scroll down this page.

On September 26, 2013, the FCC released a long-anticipated Notice of Proposed Rulemaking to reshape the national landscape for the processing of wireless site applications at the state and local government level.


In the Matter of

Acceleration of Broadband Deployment by
Improving Wireless Facilities Siting Policies (WT Docket No. 13-238)

Acceleration of Broadband Deployment:
Expanding the Reach and Reducing the Cost of
Broadband Deployment by Improving Policies
Regarding Public Rights of Way and Wireless
Facilities Siting (WC Docket No. 11-59)

Amendment of Parts 1 and 17 of the
Commission’s Rules Regarding Public
Notice Procedures for Processing Antenna
Structure Registration Applications for
Certain Temporary Towers (RM-11688 [terminated])

2012 Biennial Review of Telecommunications Regulations
WT Docket No. 13-32

…the Commission asks four overarching questions in this undertaking:

“…[W]e now address four major issues regarding the regulation of wireless facility siting and construction, including issues raised by commenters in the NOI proceeding, with the goal of reducing, where appropriate, the cost and delay associated with the deployment of such infrastructure. First, we seek comment on expediting our environmental review process, including review for effects on historic properties, in connection with proposed deployments of small cells, DAS, and other small-scale wireless technologies that may have minimal effects on the environment. While cellular service has traditionally been provided by antennas on large communications towers, these newer technologies can be deployed on utility poles, street lamps, water towers, or rooftops. Through these deployments, providers can enhance the wireless capacity available to mobile users for advanced broadband applications or fill in coverage gaps in areas where it is not possible or economically justifiable to put in additional large towers. They can also deploy these cells inside buildings to enhance indoor signal strength.

“Second, in response to a petition filed by CTIA—The Wireless Association (“CTIA”), and based on the associated record, we propose to adopt a narrow exemption from the Commission’s preconstruction environmental notification requirements for certain temporary towers.”

“Third, we seek comment on rules to clarify and implement the requirements of Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (“Spectrum Act”).”

“Finally, we seek comment on whether we should address certain disputes or questions that have arisen about how to apply our 2009 Declaratory Ruling in four specific circumstances. We also seek comment on one additional issue of interpretation arising under Section 332(c)(7)(B)(i)(I), a provision of Section 332(c)(7) that was not addressed by the 2009 Declaratory Ruling.”

The four questions posed address core, fundamental processes of wireless siting at the state and local level, and also (as proposed) extend the privileges to be granted to nearly all FCC-authorized wireless services, licensed and unlicensed.

You can review the entire NPRM by clicking on the link to the right:  FCC-13-122A1

Telecom Law Firm has prepared a very detailed  and illustrated 22-page analysis of many of the key points raised in the NPRM.  Our analysis is intended to be read by state and local governments that absolutely will be impacted if the Commission acts as expected.  If you are a local government official, we will be happy to email you the analysis.  Simply fill in the form below and your request will be processed usually within an hour during our regular business hours.  (We manually check requests so insure that this document is sent only to its targeted and authorized audience, so incorrect or masked email addresses are subject to being round-filed.)

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To download Jonathan’s eNATOA PowerPoint slides in native PowerPoint (.PPTX) format from the 10/28 NATOA webinar, RIGHT CLICK HERE AND SAVE AS…. (10 MB download…please be patient.)

To download Jonathan’s eNATOA sides in Adobe PDF (.pdf) format from the 10/28 NATOA webinar, RIGHT CLICK HERE AND SAVE AS…. (7 MB download…please be patient.)