CommLaw Group IoT Attorney Ron Quirk, published Part One of a two-part article in RCR Wireless News, detailing federal efforts to expedite siting of small cells; and related local zoning law matters.
In 2014 the FCC, recognizing the need to promote wireless broadband infrastructure development, promulgated rules that make it much easier for providers of certain types of small cells and DAS to obtain local authority for deployment; those rules became effective in 2015. The crux of the rules, which implemented Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (“Section 6409(a) Rules”), requires state and local governments to approve any “eligible facilities request” for modification of an existing tower or base station that does not substantially change the physical dimension of same.
Part Two will be published on July 18, 2016. To read Part One, click here: Feds expanding safe havens for small cell deployment but the devil is in the details