FCC Releases National Broadband Plan

Posted by BRegan on March 18, 2010 in Uncategorized

Tuesday marked the long-awaited release of the FCC’s National Broadband Plan, which charts the federal government’s course towards ensuring the nation reaches its broadband potential in both deployment and adoption. The Plan makes numerous specific recommendations that will impact wireless infrastructure in significant ways and that will likely serve as the basis for much of the FCC’s regulatory activity in the future. Among its goals, the Plan seeks to spur the deployment of wireless broadband, free a significant amount of spectrum for wireless use, subsidize wireless deployment, and significantly impact the status quo for pole attachments. As the FCC states: “The United State should lead the world in mobile innovation, with the fastest and most extensive wireless networks of any nation.”

In a recent press release, PCIA commended the Commission for its hard work and for recognizing the critical importance of robust wireless infrastructure as the backbone of the nation’s broadband future. PCIA reiterated that it is eager to work with the Commission, Congress, the Executive Branch and state and local governments to unleash the potential of America’s wireless broadband future.

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Chairman Genachowski Recognizes Continued Barriers to Wireless Infrastructure Deployment

Posted by BRegan on March 2, 2010 in Uncategorized

In a speech to the New America Foundation last week, FCC Chairman Julius Genachowski previewed portions of the FCC’s forthcoming National Broadband Plan, which will be released on March 17, 2010. Chairman Genachowski reiterated the vital role that wireless infrastructure plays in a comprehensive national broadband plan, and recognized that wireless infrastructure and service providers continue to face significant barriers that impede deployment efforts. The Chairman cited the Commission’s Declaratory Ruling on wireless facility siting as a positive first step to addressing deployment issues, but noted that the Commission must take additional action in order to “cut red tape, lower the costs of investment, and accelerate [wireless] network deployments.”

PCIA sent a letter to Chairman Genachowski, applauding him for his continued support of wireless infrastructure and for his recognition of the persistent barriers to wireless infrastructure deployment. PCIA also urged the Commission to take specific regulatory steps to remove barriers to wireless infrastructure deployment in its implementation of the National Broadband Plan.

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FCC Seeks Extension of Deadline for its National Broadband Plan

Posted by BRegan on January 11, 2010 in Uncategorized

When Congress adopted the American Recovery and Reinvestment Act in February 2009, it tasked the FCC with developing a comprehensive National Broadband Plan, which is due to Congress by February 17, 2010.   In preparing the Plan, the FCC has held over 50 public workshops and hearings, and solicited comment through over 20 Public Notices.   With just over a month until the Plan is due, FCC Chairman Julius Genachowski is seeking a deadline extension.

Genachowski wrote Senator Jay Rockefeller (D-WV), Chairman the Senate Commerce Committee, which has oversight jurisdiction of the FCC, requesting an extension to March 17, 2009.  Genachowski believes the “additional time will enable the FCC to continue to obtain input from key stakeholders and more fully brief Commissioners and the House and Senate Committees on aspects of the Plan as it comes together.”

The delay is reportedly supported by Sen. Rockefeller, Senate Commerce Committee Ranking Member Senator Kay Bailey Hutchison (R-TX), House Commerce Committee Communications Subcommittee Chair Rep. Rick Boucher (D-VA), and House Commerce Committee Chair Rep. Henry Waxman (D-CA).

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FCC Issues Public Notice Seeking Comment on Several Petitions Regarding Wireless Boosters and Repeaters

Posted by BRegan on January 6, 2010 in Uncategorized

Today the FCC issued a Public Notice seeking comment on several petitions for rulemaking and declaratory ruling regarding the use of certified wireless boosters and repeaters by users other than spectrum licensees.  Among the petitions was a petition for rulemaking filed by the DAS Forum, a membership section of PCIA.  In response to some concerns about the interference potential of wireless boosters and repeaters, the DAS Forum proposed a code of conduct that would impose coordination obligations on booster and repeater owners, installers, and wireless service providers.  The Public Notice also seeks comment on petitions from Bird Technologies, CTIA—The Wireless Association, Inc., Jack Daniel Company, and Wilson Electronics that implicate Parts 22, 24, 27, and 90 of the Commission’s Rules.

Comments are due February 5, 2010, and reply comments are due February 22, 2010.

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FCC Releases Proposed Framework for National Broadband Plan

Posted by BRegan on December 17, 2009 in Uncategorized

In an FCC open meeting yesterday, the task force crafting the National Broadband Plan presented its proposed policy framework for the NBP. The framework focuses on filling key gaps in broadband deployment, adoption, and content. As for infrastructure, the task force is focusing on ways to lower the cost of infrastructure inputs to improve build out and competition.  Key elements include fair rates for pole attachments; improving access to poles, ducts, conduits, and rights-of-way; and enabling municipalities to create broadband options in some circumstances. The final NBP is due to Congress on February 17, 2010. The FCC will hold another open meeting in January to receive another report from the task force.

See the official press release for more info.

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FCC Adopts “Shot Clock” for Wireless Facility Siting

Posted by BRegan on November 18, 2009 in Uncategorized

The FCC today adopted a Declaratory Ruling that should help provide much needed certainty to wireless infrastructure providers.  The FCC declared that zoning authorities must act on applications for collocations within 90 days of filing, and on all other applications within 150 days of filing. As recommended by PCIA, the FCC declared that zoning authorities must make a completeness determination within 30 days of filing. If a zoning authority fails to act within the proscribed timeframes, the applicant may seek a remedy in court within 30 days. The Declaratory Ruling takes effect today.

While the FCC’s timeframes are longer than those PCIA recommended (45 days for collocations and 75 days for other applications), the implementation of set timeframes within which zoning authorities must act will help to ensure the rapid deployment of wireless infrastructure that has often been unnecessarily delayed. This infrastructure is critical to meeting the nation’s current and next generation wireless service needs, including wireless broadband.

Additionally, the FCC announced that a jurisdiction cannot deny an application for a wireless facility solely because that area is already served by a different wireless provider.  This resolved a split of interpretation among federal circuit courts on the issue as some courts had allowed local jurisdictions to deny applications on the basis that one or more providers already offered service in a given geographic area. The FCC declared that a state or local government that “denies an application for personal wireless service facilities siting solely because ‘one or more carriers serve a given geographic market’ has engaged in unlawful regulation . . . .”  PCIA applauds the FCC’s decision which will lead to increased competition in the wireless marketplace.

Parties seeking reconsideration must file by December 18, 2009, and parties seeking judicial review must file by January 18, 2010.

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Infrastructure Coalition Urges “Rapid and Predictable” Regulatory Review of Avian/Tower Interaction Issues

Posted by JackieM on June 1, 2009 in Uncategorized

On May 29, PCIA filed comments on the FCC migratory bird rulemaking in co-operation with other industry stakeholders that comprise the “Infrastructure Coalition.” The Infrastructure Coalition also includes CTIA, NAB and NATE, and is united by a common interest in advocating for tower review processes that meet federal environmental obligations in an efficient manner. The Infrastructure Coalition filed these comments in response to an FCC request for input on a Petition for Expedited Rulemaking filed by the American Bird Conservancy and other organizations. The Infrastructure Coalition asked the FCC to focus on the immediate need to address agency obligations pursuant to a 2008 federal court remand order to implement notice procedures for proposed towers.The Infrastructure Coalition proposed a locally-based notice process for all proposed towers. This process arises from PCIA member suggestions to analogize the notification issues in the migratory bird docket with those surrounding the Nationwide Programmatic Agreement (“NPA”) between the FCC and the National Conference of State Historic Preservations Officers, among others. Like the notice regime established under the NPA, the Infrastructure Coalition’s proposed notice regime balances the FCC’s regulatory obligations with nationwide needs for robust wireless infrastructure and timely network improvements to bring broadband to unserved and underserved areas.

Additionally, the Infrastructure Coalition opposed requests to amend the FCC’s regulations that affect its obligations pursuant to the Endangered Species Act and the Council on Environmental Quality. Finally, the coalition asked the FCC to proceed with a rulemaking to address “nationwide migratory bird issues based on good science, including peer-reviewed studies, rather than on anecdotal ‘evidence.’” This request expresses the Infrastructure Coalition’s dispute of anecdotal evidence regarding alleged bird kills near towers, which is not supported by our members’ field reports that such incidences are rare, especially at non-guyed towers.

In reply comments (due June 15), PCIA expects to address the need for exclusions from the notification process for projects that do not implicate the FCC’s notice obligations. Through these comments and related in-person advocacy activities, PCIA will continue to encourage an efficient regulatory framework based on sound scientific principles, and workable for infrastructure development at a time when it is needed most.

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FCC Releases its Rural Broadband Strategy

Posted by MikeS on May 27, 2009 in Uncategorized

The FCC released its Rural Broadband Strategy today, as required by the 2008 Farm Bill. The FCC adopted PCIA’s emphasis on tower siting and pole attachment reform as necessary elements to ensure rapid deployment of broadband services in rural areas. PCIA also noted in its comments that a rural broadband needs assessment must include a review of wireless broadband availability. All comments on this docket can be found by entering “09-29″ under “Proceeding” on the FCC’s comment search page.

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NYSWA Event

Posted by admin on May 11, 2009 in Uncategorized

I attended and spoke at the second annual New York State Wireless Association Conference and Trade Show last week. It featured numerous exhibitors, a dozen education sessions on a wide variety of topics, keynote addresses, and entertainment.

Kudos to the officers, directors, committee members, exhibitors, sponsors and attendees for this impressive event.

You can get more information at: http://www.newyorkstatewireless.org/

Mike Fitch

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PCIA Continues to Urge FCC to Provide Timeframes for Local Siting Decisions

Posted by MikeS on May 6, 2009 in Uncategorized

Problems with local zoning delays in the wireless facility siting process continue to slow wireless deployments. PCIA recently sent a letter to Acting FCC Chairman Copps as well as Commissioners Adelstein and McDowell reminding that the local zoning process is the single largest barrier to wireless service deployment, also preventing the deployment of wireless broadband. The letter provides numerous examples of egregious and unwarranted delays in this process, particularly on simple collocation applications, and requested that the FCC declare that all collocation applications must be locally approved or denied within 45 days.

PCIA has also filed comments and reply comments in an FCC docket on this subject and has conducted numerous meetings with FCC officials.

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