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Planning & Environmental Law
Issues and decisions that impact the built and natural environments
Volume 66, 2014 - Issue 8: Cases 175–196
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Commentaries

The Complications of Colocation: What the Federal Communication’s Rule Making May Mean for Your Community

 

Abstract

You did it. You successfully worked with a wireless service provider to find the ideal spot for its new wireless tower. The tower is positioned perfectly—in the heart of downtown, yet safe, hidden, completely undisruptive. The provider is happy. The community is content. It’s a win‐win. Fast forward a month. The provider is back with a new idea: To support the latest technology and to enhance its revenues, it will add not one, but four 20‐foot extensions for new antennas. The extensions would make the otherwise hidden facility visible. They would reach across and over the sidewalk and street, presenting safety risks. And the provider would also add four new equipment cabinets and an equipment shelter. Your answer is easy: Absolutely not. We can find a better solution. But this time the provider is not asking, it’s demanding. It says that because it is not proposing an initial facility but a colocation, you must approve its requests. Whether the provider is correct may turn on how the Federal Communications Commission (FCC) resolves a pending rule making. This article describes the proceeding, key issues it raises, and what the proceeding may mean to you and your community. As a planner, you can influence the proceeding by meeting with the FCC to discuss the proposed rules and by responding to industry claims that local requirements are delaying deployment.

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