Does the FCC have the legal authority to override local zoning rules in order to expedite cell tower installations? As Glendale releases its wireless ordinance for public comment later this month, this has become a suddenly looming national question. A lineup of local government telecom managers, a coalition of cities including Glendale, and Glendale’s own counsel for public works believes the FCC has very limited jurisdiction in this area, as an upcoming post will make clear.
FCC Chair Julis Genachowski told a big industry conference this week that infrastructure for mobile broadband deployment was a high priority, and that
“On the issue of tower siting, we have heard your call. This issue is ripe for action. I have consulted with my fellow commissioners and in the near future we are going to move forward with a shot clock proposal designed to speed the process, while taking into account the legitimate concerns of local authorities. This was your idea, and we are working on other ways to improve the tower siting process.
Watching the video (Link to the Day One highlights, Julius Genachowski, The Mobile Broadband Agenda), “This was your idea” is clearly italicized in his delivery. Perhaps the FCC doubts its ability to limit rights which Congress reserved for local authorities.
What isn’t in doubt is that the wireless industry is watching developments in Glendale. More next week.
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