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Wireless Telecommunication Facilities Master Plan - Town of Morrisville, NC – Adopted July 23, 2013
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These new provisions will significantly extend the timeline for federal approval of new
construction or modification of towers that meet the conditions above
3
, which may have the
effect in some instances of slowing the deployment of wireless facilities where the proposed
facilities fall into one of the three (3) categories above.
Applicants may also seek local approval of their proposal at the same time the federal processes
are underway on parallel paths, and thus it is unclear at this time what impact the federal
processes may have on the processing and adjudication by local government of wireless siting
applications.
In addition to the FCC’s recent actions, Congress also recently involved itself in wireless siting
issues by including language in recent legislation signed by the President on February 22, 2012
that impacts local governments’ consideration of wireless siting applications.
The Middle Class Tax Relief & Job Creation Act of 2012 – HR 3630
In Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, Congress further
eroded local government’s jurisdiction over wireless facilities through the following language:
(a) FACILITY MODIFICATIONS.—
(1) IN GENERAL.—Notwithstanding section 704 of the Telecommunications Act of 1996
(Public Law 104–104) or any other provision of law, a State or local government may not
deny, and shall approve, any eligible facilities request for a modification of an existing
wireless tower or base station that does not substantially change the physical dimensions of
such tower or base station.
(2) ELIGIBLE FACILITIES REQUEST.—For purposes of this subsection, the term ‘‘eligible
facilities request’’ means any request for modification of an existing wireless tower or base
station that involves—
(A) collocation of new transmission equipment;
(B) removal of transmission equipment; or
(C) replacement of transmission equipment.
(3) APPLICABILITY OF ENVIRONMENTAL LAWS.—Nothing in paragraph (1) shall be
construed to relieve the Commission from the requirements of the National Historic Preservation
Act or the National Environmental Policy Act of 1969.
Note that Section 6409 applies where an application for modification of an existing wireless
facility does not involve a “substantial change” to the physical dimensions of such tower or base
station.
3
The new requirements are imposed on proposals for either new towers or modifications that, generally speaking,
do constitute a “substantial change” as that term is defined by the FCC.