Hubbard Law Firm P.C.
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FCC Setting Shot Clock |
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FCC Sets Cell-Tower Siting Application Timeframe The Federal Communication Commission has issued a declaratory ruling establishing timeframes for the processing of wireless tower siting applications. Currently, Section 332(c)(7) of the Communications Act provides that a state or local government must act on a wireless tower siting request "within a reasonable amount of time." Pursuant to the recent ruling, the FCC now interprets "reasonable period of time" as being 90 days for "co-locations" and 150 days for all other towers. If a jurisdiction fails to act, the applicant may file a claim for relief in court within 30 days of the failure to act. By failing to process the application within the new timeframe, the jurisdiction is presumed to have not acted within a reasonable period of time; however, this presumption may be rebutted, often through costly litigation. The Michigan Municipal League has stated this decision is "bad news for local government budgets and the orderliness of the local zoning process." The FCC decision also found that 1) it is a violation of the Communications Act for a state or local government to deny a wireless service facility siting application because service is available from another provider; and, 2) upheld that a state or local regulation may require a variance or waiver for every wireless facility siting. |
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