The Federal Communications Commission (FCC) took two actions during its monthly meeting today, which it says will ease wireless and wireline deployment. It also sought to remove antiquated rules and requirements.
The FCC said it will seek comment on how wireline infrastructure deployment can be accelerated by using Section 253 of the Communications Act. The Act, according to the FCC, “precludes state and local governments from imposing requirements that prohibit or effectively prohibit the provision of telecommunications service.”
Currently, the FCC says that providers must obtain authorization from state and local governments to deploy facilities and provide service. This can involve multiple filings and discourage private investment in networks and risks taxpayer funded federal support. The process put in motion today will reexamine that process.
“As we move forward today, we do so mindful of the FCC’s past actions under Section 253. For instance, in 2018, the Commission issued a decision that concluded that Section 253(a) prohibited state and local governments from effectively shutting down new infrastructure builds through moratoria on those construction projects,” FCC chairperson Brendan Carr said in a statement.
“That same year, the [FCC] limited process times and fees for the deployment of small wireless facilities. Following these actions, we saw a significant surge in wireline and wireless infrastructure investment. With today’s item, the Commission will ask questions and explore ways that we can use that same authority to remove impediments to the deployment of wireline infrastructure.”
The second FCC move was a notice of proposed rulemaking (NPRM) aimed at accelerating deployment, densification, and upgrading of wireless networks. The NPRM will make clear that state and local restrictions cannot unlawfully block 5G or, soon, 6G deployment. The proposal will seek comment on how to expedite the resolution of permitting disputes, including possibly through the “rocket docket” process.
The NPRM aims to expedite state or local approval of modifications of existing tower and wireless base stations and to on the FCC’s 2018 Small Cell Order and ensure investment and network buildout is free from unlawful regulatory burdens imposed at the state and local level.
The third move was to delete 29,181 words, 69 pages, and 386 rules and requirements the FCC identified as obsolete, outdated, or unnecessary, for the purpose of removing “unnecessary regulatory burdens.” Some date back to the breakup of “Ma Bell” in 1984.
The announcements came almost three months after Carr spoke in Sioux Falls, South Dakota, in what was called the first major policy speech of his chairmanship. In the speech, Carr said that — under his leadership — broadband deployment would be an FCC priority.
