The Wireless Infrastructure Association (“WIA”), pursuant to Section 1.401 of the rules of the
Federal Communications Commission (“FCC” or “Commission”), hereby requests that the
Commission initiate a targeted rulemaking to further accelerate wireless broadband deployment.
Specifically, the Commission should update its rules to (i) ensure that collocations requiring
limited compound expansions – excavation within 30 feet of a tower site – qualify for relief
under Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012 (“Spectrum
Act”) and the FCC’s implementing regulations; and (ii) require that fees associated with Eligible
Facilities Requests (“EFRs”) for the provision of telecommunications services must cost-
based. Such carefully defined action will be consistent with the purposes of Section 6409(a) –
to facilitate broadband deployment by eliminating barriers to collocating new transmission
equipment on existing wireless towers, and Section 706 of the Telecommunications Act of
1996 – to “encourage the deployment on a reasonable and timely basis of advanced telecom
capability to all Americans.” WIA is separately filing a Petition for Declaratory Ruling, urging
the Commission to clarify the rules implementing Section 6409(a). Specifically, WIA requests
that the Commission clarify that (i) Section 6409(a) and the implementing regulations apply
to all state and local authorizations required to deploy new or replacement transmission
equipment on existing wireless towers or base stations; (ii) the Section 6409(a) shot clock
begins to run when an applicant makes a good faith attempt to request local approval; (iii) the
substantial change criteria in Section 1.6100(b)(7) of the Commission’s rules should be narrowly
interpreted; (iv) “conditional” approvals of eligible facilities requests (“EFRs”) violate Section
6409(a); and (v) localities may not establish processes or impose conditions that effectively
defeat or reduce the protections afforded under Section 6409(a).
These discrete steps – along with the narrow rule changes proposed in this petition – will
build on the Commission’s successful and continuing efforts to remove barriers to infrastructure
deployment, accelerate the expansion of next-generation wireless services to consumers, and
ensure continued U.S. leadership in all things wireless.
https://ecfsapi.fcc.gov/file/108273047516225/WIA Petition for Rulemaking (8-27-19).pdf
