Wireless Infrastructure Order Takes Effect  

On Monday, May 18, the FCC published a notice in the Federal Register announcing the immediate effectiveness of the wireless infrastructure rules that were adopted in October 2014. Chip Yorkgitis at Kelley Drye & Warren LLP explained what this means in the Telecom Law Monitor, “The principal rules taking effect May 18 fully implement the new 60-day ‘deemed granted’ remedy for companies when the State or local reviewing body fails to act in a timely fashion on eligible facilities modification requests that do not substantially change the physical dimensions of the antennas structure.” This rule was part of the Middle Class Tax Relief and Job Creation Act of 2012, which says, “A State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.” The FCC’s goal for this law is to streamline the review process and reduces the regulatory burden that carriers and tower developers face when proposing new projects. Yorkgitis noted, “The new rules clarify the statutory requirements related to State and local government review of new infrastructure requests.  With this recent notice, all of the pieces of the new order are in place that support expedited deployment of wireless facilities on existing wireless towers and base stations.”