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Pressure Mounting on FCC to Streamline Collocations

June 11, 2014

The FCC initiated a rulemaking in January 2013 meant to clarify Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, which streamlines the deployment of certain wireless infrastructure. More than a year later, Chairman of the House Commerce Committee Fred Upton (D-

Rep. Upton

Rep. Upton

Mich.) Greg Walden (R-Ore.), chairman, Subcommittee on Communications and Technology, have cosigned a letter to FCC Chairman Tom Wheeler urging him to complete the proceeding and adopt the rules needed to implement the legislation.

“Time is of the essence. We urge you to take swift action to clarify the terms of Section 6409(a) … to ensure that it achieves a goal streamlining approval of eligible facilities requests,” according to the letter.

The letter goes on to express support for the FCC’s efforts to define “substantially change the physical dimensions” of a wireless facility, and other components such as “wireless tower or base station.”  The definitions clarify the legislation, which was deemed by critics to be vague.

Additionally, the representatives left no doubt that wording in the tax legislation, which states a locality “may not deny, and shall approve” a collocation request, establishes a non-discretionary review process.

A “deemed granted” remedy should be used for eligible facilities requests so that “minor modifications and collocations can be submitted, processed and put into use as quickly as possible,” the representatives wrote.

No surprisingly, Jonathan Adelstein, the president and CEO of PCIA – the Wireless Infrastructure Association, strongly supported the congressional effort.

“Wireless infrastructure companies are working closely with the FCC to adopt clear rules to speed broadband deployment through the proper implementation of section 6409(a),” he said. “Our industry is grateful that the House leadership recognizes the urgency of streamlining infrastructure deployment and is working with the FCC to make it happen.”

Chairman Wheeler also got an earful from one of his fellow commissioners at the Wireless Infrastructure Show earlier this year in Orlando, Florida, when Comm. Ajit Pai gave a keynote where he also expressed that time is of the essence.

“The time for deciding is here. In my view, we should bring the same urgency to this task that has animated our recent push to make additional spectrum available for mobile broadband. The Commission should commit to adopting rules within the next six months,” Pai said.

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