Tax Relief Act Supports Deployment of Networks, Threatens Local Control

Federal, state and local governments need to continue to provide relief to carriers deploying
infrastructure upgrades if they are to successfully meet the wireless needs of consumers.
Concrete steps were taken when the Middle Class Tax Relief and Job Creation Act of 2012 (Tax
Relief Act) was signed into law. But instead of bringing clarity and certainty to the siting of
wireless communications facilities, the language used in the legislation has led to some disparate
interpretations by all the parties involved.
Local land use authorities see the new legislation as a threat that will diminish their authority.
Among the many provisions of the Tax Relief Act is Section 6409 (a), which states that a state or
local government may not deny, and shall approve, any, eligible facilities request to modify an
existing tower or base station that does not substantially change the physical dimensions of a
tower or base station. The term eligible facilities request is defined as any request for a
modification of an existing tower or base station that involves the addition of new antennas or
transmission equipment or the removal or replacement of existing antennas or transmission
equipment.
Also Read: Wireless Industry Builds Communication Towers in All Shapes and Sizes and Title
search for pipeline

Specifically in New Jersey where there are 565 independent municipalities, the concern is that it
will constrain home rule policy prerogative. Those who favor local control feel that
municipalities should be allowed to define terms such as existing wireless tower by applying
local ordinances to determine where antennas and other equipment can be placed.
On the other hand, the wireless industry agrees that Section 6409 should apply to collocation on
all structures to promote the speedy deployment of technology. In some cases, we have seen the
discrepancy block wireless service providers who attempt to modify, upgrade equipment or add
antennas on existing structures such as a monopole, water tower, utility pole or building that
cause costly and time-consuming setbacks.
The CW Solutions team has seen the positive effect this legislation has had on expediting site
development and site upgrades in New Jersey. In one instance, the firm was involved in land
acquisitions for a wireless carrier who was very successful in requesting exemptions from zoning
to collocate their equipment on existing structures. CW Solutions submitted 19 exemption
packages to roughly a dozen municipalities and obtained a 68 percent success rate with 13
exemption packages approved.

FCC Issues Notice of Proposed Rulemaking

In September of 2013, the Federal Communications Commission (FCC) issued a Notice of
Proposed Rulemaking (NPRM) to address the legal issues and policies being debated. The

NPRM suggests changes designed to remove barriers to the expansion of wireless

infrastructure. Among them is addressing state and local authority as it relates to wireless siting.
The FCC needs to clarify the statutory language which Congress did not define, such as what
constitutes a modification, Title search for utilities tower or base station and what it means to
substantially change the physical dimensions of a tower.
Also Read: CW Solutions Utilizes NJ Legislation to Streamline Approvals for Certain Wireless
Collocations
Americans have become increasingly reliant on mobile wireless services, making the rules that
impact infrastructure siting an important part of our future. This rulemaking has the potential to
significantly impact the wireless industrys ability to deploy new technologies. If the FCC
approves these proposals it will vastly improve the playing field for wireless providers.