4. SWCA 10-03-2013 - Laserfiche WebLink

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include data-transmission-only services. Finally, with limited exceptions, these regulations do not apply to excavation and installation of new fiber connections to existing wireless facilities. New FCC Rulemaking The FCC has initiated a new proposed rulemaking related to zoning of wireless facilities. Comments from interested parties are due 60 days from date of publication in the Federal Register. However, it is unclear when the proposed rules will be published due to the federal shutdown. The proposed rules could impact Minnesota cities. First, the FCC proposes to make a non-binding "guidance" it issued in response to the Job Creation Act of 2012 into a binding regulation. In the guidance, the FCC stated that adding an antenna to a tower that increases the height by less than 10%, or by twenty feet, whichever is greater, is not a "substantial change" and thus must be approved. Similarly, the FCC concluded that an antenna that protrudes horizontally from the body of a tower by less than twenty feet, or the width of the tower at the level of the appurtenance, whichever is greater, is not substantial. The FCC proposes to adopt these conclusions as a binding rule. In response, the FCC recently issued a non-binding "guidance" concluding that adding an antenna to tower that increases the height by less than 10%, or by twenty feet, whichever is greater, is not a "substantial change." Similarly, the FCC concluded that the addition of an antenna that protrudes horizontally from the body of a tower by less than twenty feet, or the width of the tower at the level of the appurtenance, whichever is greater, is not substantial. In addition, the FCC is asking whether it should supplement its "shot clock" to deem an application automatically granted if the locality fails to satisfy the FCC's deadlines. It asks whether the shot clock runs from the time that an application is filed even if the community has adopted a moratorium on applications. And it asks whether a local government "unreasonably discriminates" when it requires a preference for siting on government property. Unlike the current "shot clock," these proposed actions could impact municipal zoning authority in Minnesota. Finally, current FCC rules governing the environmental and historic preservation review of wireless deployments focus on new, large-scale deployments on towers or other tall structures. The rules exempt the collocation of antennas on existing antenna towers and buildings from most environmental review. The proposed rules would expand the exemption to include existing structures such as utility poles, water tanks, light poles, and road signs. 432895v1 RJV SH255-I