FCC Ruling on CTIA petition: commentary by Doug Loranger
On November 18, 2009, the FCC issued a ruling on the wireless industry’s petition to (1) issue a ’shot-clock’ determination deeming all cell tower applications approved if a local government does not reach a final decision within 45 days for co-location and 75 days for new tower applications; (2) overrule Federal Court of Appeals jurisdictions under which once a single wireless carrier provides service in an area there is no effective prohibition of wireless services by denying the application of another carrier; and (3) preempt local ordinances that treat every wireless siting request as requiring a variance.
Under the FCC’s ruling, a wireless carrier may now file a lawsuit in federal
court if its application has not been approved by a local government in 90
days (3 months) for co-locations and 150 days (5 months) for new tower
applications. However, under the FCC’s ruling the
application is not automatically deemed granted after those deadlines.
Instead, the courts are to treat each case according to the specifics
involved and make any rulings accordingly, which presumably would mean
courts have the option of sending the application back to the local planning
authority to give them more time to process it.
The FCC also approved the industry’s request with regard to the prohibition of service by a single wireless carrier, but refused to preempt local ordinances that require a variance for every wireless siting request.
For those who wish to view the FCC Commissioners’ deliberations, here
is the link: