FOR IMMEDIATE RELEASE

September 26, 2008

Telecommunications Industry Association (TIA) Supports Deadlines for Reviewing Cell Tower Siting Applications

Stall Tactics Used in Some Municipalities Prevent Deployment of Public Safety Networks, Commercial Wireless Broadband

Washington, D.C.. – The Telecommunications Industry Association (TIA), the leader in advocacy, standards development, business development and intelligence for the information and communications technology (ICT) industry, today urged the FCC to set deadlines for local municipalities to review and take action on applications by public safety and commercial carriers for wireless facility collocation and siting.

TIA endorsed a CTIA proposal to require local municipalities to take final action on applications filed by public safety and commercial entities for cell tower collocation applications within 45 days after filing, and cell tower siting applications within 75 days from filing.  Consistently, TIA urged the FCC to use its preemptive authority to deem any application not finally acted upon by the deadlines approved de facto.   

TIA also requested that the FCC find that the Telecommunications Act of 1996 bars zoning decisions that prohibit an additional entrant from offering service in a given area, and preempt local ordinances and state laws that treat all wireless siting requests as requiring a variance. TIA explained that many ordinances on height and buffer zones effectively mandate that any wireless siting request must be presented as a variance to the local ordinance.  TIA made clear that, under FCC authority, this should be deemed unlawful prohibition of an entity from providing a telecommunications service.

“TIA members are directly impacted by efforts of some local governments to stall or effectively prevent the siting of wireless facilities in their jurisdictions – even those designed to provide interoperable public safety networks,”  said Danielle Coffey, TIA’s Vice President for Government Affairs.  “One TIA member company working with a local public safety entity was stonewalled for almost five years while simply trying to develop a public safety interoperable network essential to replacing an outdated system that left public safety first responders without effective communications,” she added. 

“With the policies we advocate today, this could never have happened,” Coffey continued.  “While the FCC works around the clock to create a 700 MHz D Block plan that will ensure interoperable wireless broadband public safety networks and advanced wireless broadband services generally, it seems illogical that local municipalities can thwart these goals through bureaucratic delays, procedural tactics, and even lawsuits.  The proposed solution gives public safety and wireless carriers incentive to work with local governments, and it in turn will motivate governments to deal with wireless siting applications instead of sweeping them under the rug.”

TIA stated that, thanks to FCC action designed to speed broadband wireless to public safety and the commercial market, the 2008 TIA Market Review & Forecast predicts considerable growth in consumer use of wireless broadband data applications, sales of advanced wireless devices, and deployment of wireless facilities in the coming years.  However, the public and economic benefits of this predicted growth will be severely cut if local governments prevent the efficient siting of wireless facilities or collocation onto an existing facility -- core elements of the delivery of wireless broadband services.  Accordingly, TIA argued, the FCC should use its authority to set deadlines for local governments after which wireless facilities applications are automatically granted. 

The filing is available (in PDF format) on the TIA government affairs filings page at tiaonling.org.

For more information on this matter, please contact Patrick Sullivan at +1.202.346.3244 or psullivan@tiaonline.org. 

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About TIA

The Telecommunications Industry Association (TIA) represents the global information and communications technology (ICT) industry through standards development, advocacy, tradeshows, business opportunities, market intelligence and world-wide environmental regulatory analysis. With roots dating back to 1924, TIA enhances the business environment for broadband, mobile wireless, information technology, networks, cable, satellite and unified communications. Members’ products and services empower communications in every industry and market, including healthcare, education, security, public safety, transportation, government, the military, the environment and entertainment. TIA co-owns the SUPERCOMM® tradeshow and is accredited by the American National Standards Institute (ANSI). Visit tiaonline.org.

 

 

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