LOC News
FCC Passes New Wireless Siting Rules
On June 9, the Federal Communications Commission (FCC) passed the “5G Upgrade Order” (referred throughout as “the order”) with a 3-2 vote. Some FCC Commissioners claimed that they wanted to update and “clarify” rules applying to non-small cell wireless facilities now that the small cell orders (FCC 18-133 and FCC 18-111) have been in play for a few years. Commissioner O’Rielly issued a warning to cities by saying, “Localities should note that the commission is taking these matters seriously and will continue to issue such orders if our intent is being contravened or our rules implemented incorrectly. We will be ready to follow up on any issue, including those that we did not cover here, such as the inappropriate use of other local permitting processes to hold up infrastructure siting or charging excessive fees.” Commissioners Rosenworcel and Starks made many comments on the record that were in support of local governments and delaying rulemaking until after the COVID-19 pandemic was resolved.
Telecom Law Firm is building a coalition of cities, public agencies, and municipal organizations to fight the order through litigation. The cost to join the coalition is $5,000 per participant, with a potential for cost to go down as more join. Cities wishing to join the coalition should reach out to LOC for more information.
Watch the full June 9, 2020 FCC Meeting