AT&T Suggests FCC Clarify Types of Municipal Regulations, Fees That Prohibit Small Cell Deployment

In its recent Declaratory Ruling, the Federal Communications Commission declared that, with rare exceptions, moratoria on the acceptance, processing, or approval of applications or permits for telecommunications services or facilities violate Section 253 of the Communications Act. AT&T urges the FCC to further use its authority to interpret Sections 253 and 332(c)(7) to clarify the types of municipal regulations that “have the effect of prohibiting” the provision of wireless service, primarily as they affect small cell deployments.

Unreasonable municipal regulations on small cell placement continue to act as barriers to entry, reduce competition, and materially impede a provider’s ability to deploy wireless services. FCC action is needed now to remove those barriers. Carriers are scaling up their small cell deployments in rights-of-way (“ROW”), including on municipal vertical structures, to add capacity in high demand areas. Those small cell sites will serve as the foundation of initial 5G networks, allowing for quick overlay and activation of 5G equipment as soon it becomes available. But, this foundation is threatened, promising to harm 5G deployment. Many municipalities continue to impose unreasonable barriers that would delay or discourage carriers from upgrading networks with more capacity and from building this 5G infrastructure. As with municipal moratoria, only FCC action will remove these deployment barriers.

• Unreasonably high municipal fees are a substantial barrier to the provision of service
• Non-fee restrictions can similarly impede broadband deployment
• Municipal contractors are bound by Section 253 to the same extent as the municipality
• Macrocell coverage gap concepts are inapposite to small cell deployments