FCC Sets Shot Clock for Tower Siting ApplicationsNovember 18, 2009
 WASHINGTON: The FCC
adopted a declaratory ruling establishing a shot clock for tower-siting
applications. The commission determined that state and local governments must
review collocation applications within 90 days and all other tower siting
applications within 150 days of submission.
“This action will assist in speeding the deployment of next generation wireless
networks while respecting the legitimate concerns of local authorities and
preserving local control over zoning and land use policies,” the FCC stated.
The ruling reflects a Congressional mandate that requires that state and local
authorities act “within a reasonable period of time” on requests for tower
siting. The commission noted that creating a wireless, nationwide broadband system
“will require new physical networks, including many new towers.”
Most municipalities deal with tower applications “in a timely fashion,” the
agency said, but it found several instances of “unnecessary delays.”
“One challenge mobile operators face is getting timely zoning approvals from
state and local officials before building towers or deploying new equipment,”
said FCC Chairman Julius Genachowski. “For example, at the time the petition
was filed, of the 3,300 pending zoning applications for wireless facilities,
over 760 had been pending for more than a year and 180 had been pending for
more than three years. There is evidence that in certain jurisdictions the
tower siting process is getting longer, even as the need for more towers and
for timely decisions is growing.”
Hence, the shot clock. Failure to adhere to the timeframes could involve the
court. The FCC noted that if a “jurisdiction ‘fails to act’ on the application
within this reasonable time period, applicants may file a claim for relief in court
within 30 days of the failure to act,” the commission said. “The court will
then decide what action to take based on all the facts of the case.”
The ruling also enjoins state and local governments from denying a siting
application from one wireless provider on the grounds that another is serving
the area. It also denies a request from the CTIA, a wireless industry lobby, to
prevent municipalities from requiring variances or waivers for tower siting.
(Image by Washington State Department of
Natural Resources)
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