FCC Provides Guidance On Tower Site Collocation

In order to help wireless communications providers meet the need for new facilities to satisfy the exploding demand for service, last year Congress enacted legislation designed to make it easier to add, remove or replace transmitting equipment on existing towers. In particular, it prohibited state or local governments, from denying, and directs them to approve, requests to add, remove or replace facilities so long as doing so does not substantially change the physical dimensions of the tower. Unfortunately, the wording of the statute is vague. The FCC has issued a Public Notice in order to provide guidance about the meaning of some of the terms used. While courts may be asked to decide what Congress intended these terms to mean, the FCC’s Public Notice provides at least some indication of how the expert agency defines the terms.