The Fight Over Wireless Siting Heats Up . . . And Moves Into the Halls of the FCC

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We’ve blogged previously about an FCC wireless-siting rulemaking that could affect the zoning of wireless-service facilities in almost every U.S. community. The formal comment period has now closed, and dozens of comments were filed by communities, the industry and the public, including these comments and reply comments filed by a coalition that includes the City of Alexandria, Virginia; the City of Arlington, Texas; the City of Bellevue, Washington; the City of Boston, Massachusetts; the City of Davis, California; the City of Los Angeles, California; Los Angeles County, California; the City of McAllen, Texas; Montgomery County, Maryland; the City of Ontario, California; the Town of Palm Beach, Florida; the City of Portland, Oregon; the City of Redwood City, California; the City of San Jose, California; the Village of Scarsdale, New York; the City of Tallahassee, Florida; the Texas Coalition of Cities for Utility Issues; the Georgia Municipal Association; the International Municipal Lawyers Association; and the American Planning Association.  

Although the formal comment period has closed, this does not end the opportunity to influence the FCC. 

Until the agency provides a formal notice that it is about to issue a decision, any person can meet with FCC staff or commissioners to discuss the proceeding or to present additional information—as long the person files a notice and appropriate description of the meeting. These “ex parte” meetings are an important part of the FCC process, and can affect a rulemaking’s outcome. Local governments and their associations will need to develop their own strategy to actively engage the FCC, and to respond to industry efforts to do the same. And to be as effective as possible, that strategy should be developed—and implemented—quickly.

You can find a list of all the filed comments here. A decision is not expected until after August, but likely will issue within a relatively short period compared to many FCC proceedings.

- See more at: http://www.bbknowledge.com/telecommunications/the-fight-over-wireless-siting-heats-up-and-moves-into-the-halls-of-the-fcc/#sthash.NuwrSilR.dpuf

We’ve blogged previously about an FCC wireless-siting rulemaking that could affect the zoning of wireless-service facilities in almost every U.S. community. The formal comment period has now closed, and dozens of comments were filed by communities, the industry and the public, including these comments and reply comments filed by a coalition that includes the City of Alexandria, Virginia; the City of Arlington, Texas; the City of Bellevue, Washington; the City of Boston, Massachusetts; the City of Davis, California; the City of Los Angeles, California; Los Angeles County, California; the City of McAllen, Texas; Montgomery County, Maryland; the City of Ontario, California; the Town of Palm Beach, Florida; the City of Portland, Oregon; the City of Redwood City, California; the City of San Jose, California; the Village of Scarsdale, New York; the City of Tallahassee, Florida; the Texas Coalition of Cities for Utility Issues; the Georgia Municipal Association; the International Municipal Lawyers Association; and the American Planning Association.  

Although the formal comment period has closed, this does not end the opportunity to influence the FCC.

Until the agency provides a formal notice that it is about to issue a decision, any person can meet with FCC staff or commissioners to discuss the proceeding or to present additional information—as long the person files a notice and appropriate description of the meeting. These “ex parte” meetings are an important part of the FCC process, and can affect a rulemaking’s outcome. Local governments and their associations will need to develop their own strategy to actively engage the FCC, and to respond to industry efforts to do the same. And to be as effective as possible, that strategy should be developed—and implemented—quickly.

You can find a list of all the filed comments here. A decision is not expected until after August, but likely will issue within a relatively short period compared to many FCC proceedings.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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