A reporter for Telecommunications Reports was one of the attendees of the Best Best & Krieger webinar “New FCC Rules Will Require New Approach to Siting of Wireless Facilities.” The free webinar on Nov. 5 was in response to the FCC’s adoption of new rules that require changes in the way local governments respond to applications for siting wireless towers, and for adding antennas to, and modifying, existing structures. The rules could necessitate an immediate review and revision of wireless siting ordinances in many communities, and have important implications for the way states and localities deal with siting of wireless facilities in historic districts and environmentally sensitive areas. The change in the rules may also affect the approach of public agencies, schools, special districts and local governments to leasing of their own property.

BB&K Partner Gerard Lavery Lederer told webinar attendees that the FCC could publish the order, adopted last month, in a “Federal Register” soon. After, parties have 30 days to file a petition for reconsideration and 60 days to file a petition for review in court, the TR reported. The rules take effect 90 days after publication in the Register. Gerard said there is consideration being given to creating working groups of clients to discuss whether to ask the FCC to reconsider portions of the order or file a court challenge.

In the meantime, local agencies can begin preparing to implement the new rules, Gerard said. There are time concerns, he noted, especially with the holidays. The TR quoted him as saying, “We understand that the timeframes are difficult.”

Matthew Schettenhelm, a BB&K associate, raised concerns about the “deemed granted” remedy adopted by the FCC to implement section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, the TR reported. Matthew said a “substantial constitutional question” is raised by the 60-day requirement states and localities have to act.