WASHINGTON-Federal Communications Commission Chairman Reed Hundt has informed Senate Commerce Committee Chairman John McCain (R-Ariz.) that decisions are nearing on key wireless petitions seeking relief from antenna siting moratoria and taxation through federal pre-emption of state and local regulations.
In a May 14 letter to McCain, Hundt said “in a vast majority of cases … I expect to receive a recommended decision from the staff within 45 days.”
However, one FCC staffer said Hundt’s timetable is overly ambitious.
McCain, in an April 28 letter to Hundt, requested a list of all pre-emption petitions pending before the FCC in advance of a May 13 Commerce Committee hearing. That hearing was abruptly postponed because of a scheduling conflict, according a committee spokeswoman.
Consumer advocates, angry that neither they nor any scientists were invited to testify, flooded the committee with protesting phone calls and faxes for two days prior to the announced postponement of the hearing.
The wireless telecom industry has been aggressively lobbying Congress and the FCC for the past two years for new laws and regulations that prevent state and local governments from imposing antenna siting moratoria and excessive taxation.
Congress in 1993 largely abolished state regulation of commercial wireless service providers.
There are more than 200 moratoria in the United States. Most are driven by concerns over health, aesthetics and property value. The wireless industry estimates that 125,000 antennas have to be erected to accommodate the 2,000 new personal communications services licenses and the hundreds of sites existing cellular operators need to improve coverage.
“This remains a serious issue” that hurts startups disproportionately, according to Mark Golden, vice president of the Personal Communications Industry Association.
Golden said he believes McCain will return to the issue and also expects House telecommunications subcommittee Chairman Billy Tauzin (R-La.) to do the same.
Ken Johnson, spokesman for Tauzin, said a bill addressing antenna siting problems could be introduced in the next two weeks as part of sweeping telecom legislative package.
Among the cases ripe for decision are:
The May 23, 1995, U S West Inc. declaratory ruling petition regarding ordinances imposed by Roseville, Minn.
The Sept. 22, 1995, Cellular One pre-emption request in connection with an Alaskan state certification requirement for long-distance carriers, including cellular providers.
The Jan. 11, 1996, Pittencrieff Communications Inc. pre-emption request regarding a 1995 Texas ruling requiring commercial wireless service providers pay into a state universal service fund.
The June 3, 1996, pre-emption request by AB Fillins regarding the exclusive certification of a cellular provider in the Sells Indian Reservation near Tucson, Ariz., by the Tohono O’odham Nation.
The July 8, 1996 Western PCS pre-emption request regarding Oregon’s ad valorem tax.
The Sept. 26, 1996 Cellular Telecommunications Industry Association petition for rulemaking to preempt excessive and discriminatory state or local tax and the Dec. 16, 1996 CTIA petition for declaratory ruling that all state and local government moratoria on the siting of wireless facilities violate the Communications Act.
The Oct. 4, 1996 Guam Telephone Authority pre-emption request regarding the Guam government’s efforts to ban GTA from being providing PCS after winning D, E, and F block licenses.
October and November 1996 petitions filed by Puerto Rico wireless carriers to preempt portions of the Puerto Rico Telecommunications Act of 1996.
Petitions for reconsideration of new FCC radio frequency safety exposure guidelines that seek pre-emption of state and local regulation of wireless systems for RF-emission considerations.
The 1996 telecom act prohibits local zoning boards from withholding approval of an antenna site on RF grounds if carriers comply with the FCC radiofrequency safety standard.
