October 17, 2014 — The FCC adopted a Report and Order today that promotes deployment of the wireless broadband infrastructure by placing statutory limitations on state and local government authority to review infrastructure siting applications.
The new rules include a “deemed granted” remedy if a State or local government fails to act on an eligible facilities modification request under Section 6409(a) of the Spectrum Act.
The commission action tailors the manner in which the FCC evaluates the impact of proposed deployments on the environment and historic properties. Additionally, it adopts an exemption from the environmental public notification process for “temporary towers” that are in place only for short periods of time.
“Taken together, these steps lay the groundwork necessary for delivering more wireless capacity in more locations to consumers throughout the United States,” the commission said in a press release. “At the same time, it adheres to statutory obligations to protect the environment and historic properties, and it safeguards Tribal, State, and local land-use priorities as well as safety and aesthetic interests.”