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Action Alert - CTIA Tower Siting Petition at FCC

Action Alert
WT Docket No. 08-165
ACTION REQUIRED BY SEPTEMBER 15, 2008*

on Thursday, August 14, the Federal Communications Commission issued a Public Notice regarding a Petition for Declaratory Ruling filed by The Wireless Association (“CTIA”). The petition requests that the Commission “clarify” provisions of the Communications Act of 1934.

Specifically, the Petition contends Section 322(c)(7)(B) is ambiguous and has been interpreted by the courts to allow unnamed zoning authorities to impose unreasonable impediments to wireless facility siting and the provision of wireless services. CTIA also asks that the Commission preempt certain local ordinances and state laws that it claims violate Section 253(a) of the Communications Act.

LOCAL GOVERNMENTS MUST RESPOND - Continue Reading and Access the Template Comments/Replies.

CTIA asks the Commission to take four actions:

 1.     Eliminate an “ambiguity” in Section 332(c)(7) by defining “failure to act” as meaning failing to make a final decision on facility siting request in a particular amount of time (45 days for collocation; 75 days for other requests),

2.      Implement a “deemed granted” result upon local governments which fail to act in the time frames referenced above; or establish a judicial presumption that a local government violated the Communications Act unless the zoning authority can justify the delay,

3.      Clarify that Section 332(c)(7)(B)(i)(II) bars zoning decisions that have the effect of preventing a specific provider from providing service to a location if the basis of the zoning decision is the presence of another provider, and

            4.      Pursuant to Section 253, preempt local ordinances and state laws that automatically
                  require a wireless service provider to obtain a variance before siting facilities.
 
Comments on the Petition are due no later than September 15, 2008. Reply comments are due no later than September 30, 2008. 

NATOA, joined by NLC, NACo and USCM, are seeking an extension of time to file comments.  We will advise if such request is granted.  Otherwise, you must file by the dates noted above.

All filings should reference the docket number of this proceeding, WT Docket No. 08-165. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS) or by filing paper copies. Comments filed through the ECFS can be sent as an electronic file via the Internet to http:// www.fcc.gov/cgb/ecfs/. Parties who choose to file by paper must file an original and four copies of each filing with the Commission’s Secretary at 12th Street, S.W., Washington, D.C. 20554 and one copy of their comments and with Best Copy and Printing, Inc., Portals II, 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554.

The Petition is available on NATOA’s website or via the Commission’s Electronic Comment Filing System (ECFS) by entering the docket number, WT Docket No. 08-165. Comments filed in response to this Public Notice will be available via the Commission’s Electronic Comment Filing System (ECFS).

NATOA urges all members to file Comments and to be prepared to file Reply Comments. To assist its members that may not have the resources to develop comprehensive comments, NATOA has prepared a template that can be used as a basis to draft comments.  The Template Comments/Replies are available here. 

Please call (703) 519-8035 with any questions.