Glendale, California: A Wireless Hotspot –
Says FCC Has No Local Zoning Authority


The Federal Communications Commission would be stepping outside its jurisdiction and authority if it attempted to override local zoning procedures so wireless providers could build more cell towers.

That was the conclusion of Glendale, California’s Public Works Counsel Christina Sansone as she warned in June that the FCC might attempt to steamroll wireless siting permits. Her report to the city council covered the telecommunication industry’s efforts to override local zoning, the 2008 CTIA “Shot-Clock” petition to the FCC, the city’s comments on the National Broadband Plan, and a proposed petition to Congress to repeal Section 704 of the Telecommunications Act.

Glendale has engaged outside counsel to defend its rights before the FCC, which last week announced plans to help the wireless industry.

Here is an extended portion of her comments, which you can also hear and watch on the city’s video archives:

“Among the approximately 109 separate requests for comments, the FCC is seeking comments as to how the FCC could develop a plan for the build-out of high speed broadband infrastructure, access to poles, public rights-of-way, and tower siting. As you are aware, those are issues of great concern to the city of Glendale and to the residents of Glendale.

In the Telecommunications Act, Congress reserved for local jurisdictions the right to regulate the placement, construction and modification of wireless facilities, provided that such regulations do not attempt to regulate radio frequency emissions, do not unreasonably discriminate among providers of functionally equivalent services, and do not prohibit or have the effect of prohibiting the provision of wireless services. This Congressional assignment of responsibility to local jurisdictions leaves the FCC with little or no involvement in appeals of decisions made by local zoning authorities.

One of the most pressing concerns for the city regarding cellular antennas is the increasing threat by the telecommunications carriers who are seeking changes in the law to erode the rights that cities have to govern the local public right-of-way, and to regulate the zoning and private properties.

Notwithstanding the fact that the FCC does not have jurisdiction to override the city’s discretion in this regard, the telecommunications industry continues to press the FCC for greater restrictions to local authority. This is exemplified both by the vast number of lawsuits that have been challenging local zoning powers and local zoning decisions, but also in the recent petition to the FCC made by a consortium of telecommunications operators asking the FCC to preempt local cell antenna zoning by proposing among other things to implement a 45 day and a 75 day shot-clock approach for municipalities to act on zoning approvals for cellular towers. The applications for towers would automatically be deemed granted if those deadlines were not met.

We believe that the FCC doesn’t have the authority to change the law in that respect. But given the increasing pressure, we recommend that the city submit comments to the FCC, essentially to remind the FCC that during the development of the National Broadband Plan, that it has limited jurisdiction in the area of antennae siting and regulation of public rights-of-way. We should also seek assurances that nothing in the National Broadband Plan should be used to undercut local governments’ authority with respect to zoning. This plan should not become a vehicle whereby the local jurisdictions are restricted from exercising the rights granted by Congress.