At its public meeting on June 9, the FCC will consider a proposed order and further notice of rulemaking that will clarify what wireless infrastructure upgrades and modifications to existing sites are "non-substantial" and therefore qualify for expedited and streamlined review under Section 6409(a) of the Spectrum Act of 2012 and the Commission's rules. As just described, the proposed 5G Upgrade Order addresses changes made to existing sites, not new sites. And it does not establish any new rules but clarifies rules adopted by the Commission in 2014.
Wireless infrastructure upgrades are essential to timely deployment of next-generation mobile networks, including 5G networks. Apparently, interpretations of the Commission's rules have varied widely in different localities, and in some cases its rule have been interpreted to slow or halt infrastructure upgrades to existing sites rather than expedite them. In October 2019, Free State Foundation President Randolph May and I filed public comments with the Commission recommending issue several interpretations of its rules in order to clarify what types of modifications to existing cell towers and base stations qualify for streamlined treatment.
The Commission's proposed 5G Upgrade Order will help accelerate advanced wireless network deployment and increase Americans' access to high-speed broadband. It deserves a passing vote at the agency's June public meeting. Credit especially goes to Commissioner Brendan Carr for spearheading this latest agency initiative on wireless infrastructure deployment.
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