FCC Releases Order on Shot Clock for Wireless Facilities Siting Applications
Today, the FCC released an
order establishing a “shot clock” for zoning authorities to act on wireless
facilities siting applications. The order is available here.
The order was released after the FCC Commissioners, at today’s open meeting,
unanimously approved the Declaratory Ruling proposed by the FCC’s Wireless
Bureau.
As the order was just
released in the last few minutes, NATOA leadership has not had a chance to
fully review the document. Nor has there been a chance to determine
NATOA’s full response. We will be focusing on this issue over the next
couple of days and will let you know when we have more detailed information
available. Nonetheless, some preliminary steps have already been taken,
such as the introduction of two Special
eNATOAs that are discussed below.
In brief, the order will
set presumptive time limits on the amount of time an application can be pending
before the applicant would have the ability to bring suit in a state or federal
court claiming that the zoning authority failed to act. The deadlines are
90 days for collocations and 150 days for all other applications.
This order is the result
of a petition filed by CTIA, the wireless industry’s trade association, in July
of 2008. In that petition, CTIA requested that the FCC implement a “shot
clock” of 45 days for collocations and 75 days for all other
applications. CTIA requested that if an application had not been finally
acted upon before that time, the application should be “deemed granted.”
Today’s order granted
CTIA’s request for a shot clock (with deadlines twice as long as CTIA
requested) and denied CTIA’s request that after the expiration of the shot
clock, applications should be deemed granted.
NATOA leadership is
currently reviewing the details of the order and will determine our next
steps. One step NATOA has decided to take is to offer two Special eNATOAs
on the impact of this Order on local zoning authority. The first eNATOA
will focus on the legal analysis and implications for local governments as a
result of this order. The second eNATOA will focus on the practical
implications. The eNATOAs will be held at 1:30pm (eastern) on Wednesday,
December 2nd and Friday, December 4th. REGISTER
TODAY!