Avian-Tower Interaction

Some environmental groups allege that towers are an "attractive nuisance" to birds, and that towers negatively impact avian migration patterns. Despite a lack of scientific proof on the widespread impact of towers on birds, these groups have pursued increased regulation of towers for their potential effects. PCIA is committed to ensuring that tower regulation is balanced with the market's significant need for tower development.

In February 2008, the U.S. Court of Appeals for the D.C. Circuit ordered the FCC to revise its Part 17 notice provisions to provide "meaningful notice" of tower proposals for the purpose of assessing their possible interaction with avian migration patterns. For a copy of the court's decision, click here. PCIA advocates for an efficient notice schemethat provides interested parties with an opportunity to comment on alleged effects after local notice. Click here for PCIA's comments to the FCC on notice issues.

PCIA also works with other industry stakeholders, and environmental groups, to pursue scientific inquiry into the effect of towers on birds, and the effect of proposed tower design changes on other concerns (like pilot conspicuity). In late 2008, the FAA announced it would embark on a conspicuity study to determine these effects; PCIA remains committed to supporting the FAA and its subject-matter experts on this study.

FCC Hurricane Katrina Back-Up Power Order

In the aftermath of Hurricane Katrina, the FCC convened a Best Practices Panel to pursue practices ensuring the continuity of communications during a catastrophe. The Best Practices Panel report indicated that back-up power at wireless facilities may be an option for improved continuity. Despite a lack of proper notice and opportunity to comment, and with questionable jurisdiction, the FCC issued an Order in October 2007 requiring 8 hours of back-up power at all cell sites and 24 hours of back-up power at all central switching facilities. Along with other wireless industry stakeholders, PCIA intervened in legal challenges to the Order, explaining how the arbitrary requirement did not accomplish the goal of reliable wireless communications, and how the addition of back-up power is infeasible at many wireless facilities because of structural, spatial, contractual or regulatory limitations. Currently, the Order is pending review by the Office of Management and Budget, the federal department tasked with determining the paperwork implications of federal actions like the Order. PCIA takes every opportunity to provide much-needed deployment context in this issue.

FCC Pole Attachment Regulation

The FCC regulates wireless attachments on utility poles in 30 states that do not opt to implement their own regulatory schemes. In March 2008, the FCC issued a notice of proposed rule-making to investigate the role of pole attachments as a platform for communications infrastructure, especially as a platform for broadband deployment. Click here for PCIA's comments to the FCC on pole attachment issues, and here for PCIA's reply to other comments filed on this issue. PCIA, with The DAS Forum, communicates the role of pole access to a diversified wireless infrastructure network, and urges expanded access to poles for wireless attachers according to reasonable rates and conditions. As pole access becomes an increasingly-important option of wireless deployment, PCIA will continue to pursue regulations that encourage the use of poles for the deployment of wireless infrastructure.

Environmental Regulation of Wireless Infrastructure

The deployment of wireless infrastructure implicates a complex patchwork of federal environmental regulations, including the National Environmental Policy Act (NEPA), Emergency Planning & Community Right-to-Know Act (EPRCA) and other compliance issues from the FCC, EPA and Department of the Interior. PCIA comments on the effect of these regulations on wireless network development and provides information-sharing for the industry to navigate these complicated schemes.

Communicating the Role of Wireless Infrastructure in Our Nation's Communications Network

As Congress and federal agencies develop communications policy, PCIA and its members work to communicate the importance of an approach that encourages robust wireless infrastructure development. We advocate in rule-makings regarding spectrum management, broadband deployment and federal assistance.

FCC "Shot Clock" Petition

In late 2008, the FCC considered a petition that would require, among other things, a zoning "shot clock" on wireless facilities siting decisions (i.e., a time limit within which local jurisdictions must issue final written decisions on zoning applications). PCIA supports the overarching goals of achieving certainty with respect to zoning timelines, and by-right (administrative) treatment of collocations on existing structures. To this end, PCIA engaged in an active campaign of FCC and Congressional advocacy in support of its goals in this rule-making.