FCC's Proposed Order on Streamlining Cell Site Modifications Will Accelerate 5G

At its October 27 public meeting, the FCC will vote on a proposed order that will accelerate access to 5G networks. If adopted, the proposed order would enable streamlined review of modifications to wireless cell sites that involve limited ground excavation or deployment. The Commission should vote to approve it.

To make 5G network upgrades, mobile wireless service providers often need to add antennas to existing cell sites or make other small modifications to existing infrastructure. However, some local governments have used their powers over infrastructure permitting and zoning to obstruct even minor changes to cell sites. Local regulatory barriers to new wireless infrastructure deployment and to cell site upgrades are nothing new. The FCC's Wireless Competition Report from 2010, for instance, recognized that one of the "significant constraints faced by wireless service providers that need to add or modify cell cites" is "obtaining the necessary regulatory and zoning approvals from state and local authorities." This is still true in 2020. 

Congress passed the Spectrum Act of 2012 to provide for streamlined regulatory approvals of small modifications of existing wireless infrastructure. According to Section 6409(a) of the Spectrum Act: "[A] State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station." The Commission has provided clarifying interpretations of Section 6409(a) that identify the types of infrastructure modifications that qualify for streamlined approval. In June, the Commission adopted its 5G Upgrade Order, which, among other things, clarifies the agency's rules for when the 60-day shot clock for local review begins and also clarifies how height increases, equipment cabinet additions, and some other aspects of proposed modifications affect eligibility for streamlined review. 

 

The Commission's proposed order, if approved by the agency at its October 27 public meeting, would revise the Commission's rules regarding streamlined approval eligibility when the infrastructure modifications to a tower or base station involve proposed ground excavation or deployment of up to 30 feet in any direction outside the boundary of a site. As the proposed order points out, the 30 feet standard is consistent with the Advisory Council on Historic Preservation and the National Conference of State Historic Preservation Officers' recognition of 30 feet as an appropriate standard for federal historic preservation reviews of collocations. The Commission's rule change would apply only to cell sites located outside of public rights-of-way. 

 

As the proposed order observes: "[M]ore towers now house several operators' antennas and other transmission equipment" than they did when the Commission's implementing rules for Section 6409(a) were first adopted. According to the proposed order: "As a result, there is less space at tower sites for additional collocations without minor modifications to sites to accommodate the expansion of equipment serving existing operators at the sites and the addition of new equipment serving new operators at the sites." The proposed rule change will help facilitate the modifications needed to enable more collocations. Apparently, a large percentage of site expansions involve additions of backup generators to provide network resiliency in cases of emergency. Thus, adoption of the order would promote public safety.  

 

The FCC's proposed order on streamlined treatment for colocations involving excavations around existing cell sites deserves a "yes" vote. Agency actions of this kind undoubtedly are narrow in focus and technical in nature. But the proposed order and other ones like it are a big help in clearing roadblocks to infrastructure upgrades for 5G and other advanced services. 

FCC Adopted NPRM to Streamline Licensing Procedures for Small Satellites

On Wednesday, the FCC adopted a Notice of Proposed Rulemaking (NPRM) that would streamline licensing procedures for small satellites. This proposal would expedite the application process and reduce fees for deploying small satellites, which have relatively short duration missions compared to large satellites and therefore should not be regulated in the same manner. The proposal also identifies a variety of frequency bands that are useful for small satellite operations.

It is commendable that the Commission is taking a nuanced approach to reducing the barriers to satellite broadband deployment by specifically identifying how different sized satellites require different regulations and frequency bands. As Free State Foundation Senior Fellow Seth Cooper stated in a March 2018 blog, satellite broadband will enhance competition and help reach new consumers, which is why it is important that the FCC continue to reduce regulatory barriers that stand in the way. And I discussed in a March 2018 Perspectives from FSF Scholars how the increasing capabilities of satellite broadband have enabled it to become a viable alternative for residential broadband in rural areas and could be an important technology for closing the gap of the digital divide.

FCC Chairman Speech Describes Strategy for "Seizing the 5G Future"

In a February 26, 2018 speech at the Mobile World Congress in Barcelona, Chairman Ajit Pai of the Federal Communications Commission discussed America’s strategy for seizing the 5G future. He described the FCC’s three “pillars” supporting its approach:

[D]espite tremendous American success in 4G, we aspire to lead the world in 5G. Make no mistake about it: I want the United States to be the best country for innovating and investing in 5G networks. I want American entrepreneurs to push the boundaries of the possible and American consumers to benefit from next-generation technologies.

To accomplish this—and consistent with our market-based philosophy—the FCC is pursuing a wireless strategy built on three pillars: (1) spectrum, (2) infrastructure, and (3) light-touch network regulation.

For the spectrum pillar, Chairman Pai discussed several FCC initiatives to make more spectrum in low-band, mid-band, and high-band ranges available for commercial use. He noted, however, that in order to start auctions this fall, the FCC needs: “the U.S. Congress to pass legislation by May 13 addressing the handling of upfront payments.” Chairman Pai expressed optimism that the Congress would address this technical concern by then.

Regarding infrastructure, Chairman Pai described how the Commission has launched a comprehensive review of infrastructure regulations aimed at removing outdated rules and making it easier to deploy wireless infrastructure. This review is ongoing, and Chairman Pai said the Commission will be making an announcement on its next steps in the near future.

For the third pillar, light-touch network regulation, the Commission’s most important action was to enact the Restoring Internet Freedom Order to: “reverse the previous Administration’s decision to subject our 21^st century networks to 20^th century utility-style regulation.” Chairman Pai explained:

I want to stress that this is light-touch regulation—not a completely hands-off approach.  Nobody gets a free pass.  The United States is simply making a shift from pre-emptive regulation, which foolishly presumes that every last wireless company is an anti-competitive monopolist, to targeted enforcement based on actual market failure or anti-competitive conduct. 

Chairman Pai summarized the FCC’s approach as follows:

Our overall philosophy is founded on a simple but profound premise: The market, not government, is best positioned to drive innovation and investment in the wireless sector.  Government’s role is not to command and control, but to enable and encourage: to promote competition by maximizing carriers’ willingness and ability to invest in their networks, to free up spectrum for wireless services and make it available for flexible use, and to make it easy to deploy the physical infrastructure necessary for networks to work.

President Trump Signs Two Executive Orders to Promote Rural Broadband

President Trump has signed two new executive orders intended to reduce regulatory barriers to broadband investment in rural areas, which he said would “provide broader, faster and better” Internet coverage. 

The first executive order was aimed at streamlining and expediting requests to locate broadband facilities on federal lands. In it, President Trump directed the General Services Administration to complete a review of the forms and application process within 180 days. After the evaluation is completed, the order directs the GSA to implement appropriate revisions. The order also requires that all Federal property managing agencies use the GSA Common Form Application for requests to locate broadband facilities on Federal property, and that each agency prepare quarterly reports to GSA on the agency’s use of the common form application.

The second order directs the Department of Interior to “develop a plan to support rural broadband development and adoption by increasing access to tower facilities and other infrastructure assets managed by the Department of the Interior.” DOI is further directed to draft model terms and conditions for use of the towers and other infrastructure assets for broadband deployment, and to provide a status report on its progress in 180 days.

President Trump announced the executive orders at an appearance before the American Farm Bureau Federation in Nashville, Tennessee on January 8, 2018. During the announcement, President Trump said: “Those towers are going to go up, and you’re going to have great, great broadband.” 

FCC Commissioner Pai Introduces Plan to Close the Digital Divide

Today, FCC Commissioner Ajit Pai introduced his “Digital Empowerment Agenda,” which would increase the availability and affordability of broadband and close the digital divide. Commissioner Pai’s plan would establish gigabit opportunity zones to bring broadband to the nation’s most economically challenged areas, extend mobile broadband to rural areas with high costs and low population density, remove regulatory barriers to allow for more private investment and deployment of next-generation broadband networks, and promote entrepreneurial activity by eliminating old rules that create barriers to new technologies and competitors.  

Commissioner Pai’s agenda is a tremendous initiative to eliminate the digital divide and provide benefits to consumers throughout the U.S. economy.