O’Rielly Discusses His Pain Points on the FCC Agenda

SHARE THIS ARTICLE

WIA 2017 Wireless Infrastructure Show

FCC Commissioner Michael O’Rielly seemed disappointed that a year later, he’s still discussing the need to address “twilight towers”, i.e, communications structures built between 2001 and 2005 that did not go through the section 106 review process required by the National Historic Preservation Act.

“There was one issue in particular that I had great hopes for when I last spoke to this group,” O’Rielly said at the WIA conference yesterday. Still, he said he appreciated the audience’s efforts “to talk to interested parties and willingness to negotiate a solution for the estimated 4,300 twilight towers,” saying his goal is to “put an end to the twilight towers issue once and for all.”

He said that when it comes to infrastructure issues, it seems there’s a pattern of taking one step forward, followed by two steps back. In 2014, the Commission eliminated unnecessary and burdensome requirements for tower owners. However, as Inside Towers reported, last year Congress passed the FAA Extension, Safety and Security Act which included a permission mandating towers in the 50-200 foot height range be marked. “And two steps backward we go,” said O’Rielly.  

He emphasized carrying this out is an expensive undertaking – an estimated $750 million every five to seven years. Specialized labor and the overall process is costly. Appropriate paint is also required. “You can’t just run to your local Home Depot and grab a can of Benjamin Moore on sale,” he noted. According to requisite data, there is a good chance that had the provision of law been in effect, it would not have saved any lives or prevented any crashes or incidents.

O’Rielly also addressed the upcoming television channel repack, stressing that if it looks like the 39-month timeframe cannot be met, “we can reassess; in the meantime, I suggest that everyone take a deep breath as we head down the repack path, together.”

He acknowledged a slew of other issues including access to public rights-of-way and the tribal approval process. Some localities go as far as saying infrastructure should be located underground. Regarding tribal approvals, one carrier noted a nearly 1,500 percent increase in tribal review costs. The FCC must work to clarify the facts of the law and if not resolved quickly and satisfactorily, “The Commission must be willing to use its preemption authority.”

Lastly, O’Rielly also emphasized a need to declare that fees similar to those imposed on macro towers “are not appropriate or sustainable for small cell networks.”

May 24, 2017         

Reader Interactions

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.