Wireless Facilities Permitting

Quick Links

	California Wireless Permitting
	Federal Communications Commission Wireless Deployment Rulings
	Federal Appellate Court Cases
	Other Documents
	Templates for Master License Agreements
	Approved Master License Agreements

California Wireless Permitting
California has a “deemed approved” law – assembly bill 57 – that sets 90 and 150 day shot clocks for wireless facility permit processing. However, there are circumstances where a federal 60 day shot clock with a “deemed granted” remedy applies.
Tellus Venture Associates white paper: California Wireless Site Permitting	.pdf	16 Oct 2017
Assembly bill 57	.pdf	9 Oct 2015

Federal Communications Commission Wireless Deployment Rulings
Federal law requires local and state governments to approve applications for permits to expand wireless facilities, within certain limits. If an application isn’t approved within 60 days, it’s “deemed granted”. In June 2020, the FCC tightened restrictions on permit review processes.
The FCC adopted a declaratory ruling in September 2018 that preempted local ownership and control of assets located in the right of way and owned by public agencies. It also set strict parameters for small wireless facility permit processing by state and local governments, including shorter “shot clocks” and limits on fees. It took effect on 15 January 2019. The FCC also issued related rulings in March and August 2018.
Appellate challenges to the June 2020, September 2018 and August 2018 decisions, filed by local governments, are under review by the federal ninth circuit court of appeals, based in San Francisco.
Key documents are below, all collected documents are here.
Opinion mostly upholding the FCC’s September 2018 wireless decision, and its August 2018 wireline and “one touch make ready” decisions, Ninth Circuit, U.S. Court of Appeals	.pdf	12 Aug 2020
60-day shot clock, aks“6409” rule: FCC declaratory rulilng and notice of proposed rulemaking, in the matter of Implementation of State and Local Governments’ Obligation to Approve Certain Wireless Facility Modification Requests	.pdf	9 Jun 2020
Local streetlight ownership and right of way preemption for wireless deployments: FCC declaratory ruling, and third report and order, in the matter of Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment	.pdf	26 Sep 2018
Right of way preemption for wireline deployments: FCC third report and order and declaratory ruling, in the matter of Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment	.pdf	2 Aug 2018
Federal environmental and historic reviews for wireless deployments: FCC second report and order, in the matter of Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment	.pdf	30 Mar 2018

Federal Appellate Court Cases
Key documents are below, all collected documents are here.
Court decisions
Opinion mostly upholding the FCC’s September 2018 wireless decision, and its August 2018 wireline and “one touch make ready” decisions, Ninth Circuit, U.S. Court of Appeals	.pdf	12 Aug 2020
Opinion overturning, in part, FCC’s March 2018 second report and order, D.C. Circuit, U.S. Court of Appeals	.pdf	9 Aug 2019
Order denying stay of FCC “September Order”, Tenth Circuit, U.S. Court of Appeals	.pdf	11 Jan 2019
Order transferring appeals of FCC “September Order” to Ninth Circuit, by Tenth Circuit, U.S. Court of Appeals	.pdf	10 Jan 2019
“Preliminary order regarding the consolidation” of the various cases, Tenth Circuit, U.S. Court of Appeals	.pdf	5 Nov 2018
FCC answering brief filed with the Ninth Circuit
As shown above, there are two FCC right of way orders being challenged, one regarding (mostly) wireline infrastructure issued in August 2018, and one regarding wireless infrastructure, issued in September 2018. Most of the appeals of both orders were bundled together into a single case, but for legal reasons the FCC filed two virtually identical reply briefs. Both are below. The only difference I’ve found is in the header text. The federal justice department joined in the FCC’s appeal – the federal government is also a defendant – so technically the briefs are a joint response.
FCC answering brief, September 2018 wireless order	.pdf	8 Aug 2019
FCC answering brief, August 2018 wireline order	.pdf	8 Aug 2019
FCC excerpts of record, volume 1	.pdf	8 Aug 2019
FCC excerpts of record, volume 2	.pdf	8 Aug 2019
FCC excerpts of record, volume 3	.pdf	8 Aug 2019
FCC motion to exceed limit on length of brief	.pdf	8 Aug 2019
Opening briefs filed with the Ninth Circuit
Joint Local Governments	.pdf	10 Jun 2019
American Public Power Association	.pdf	10 Jun 2019
Montgomery County, Maryland	.pdf	10 Jun 2019
Sprint, Verizon, AT&T and Puerto Rico Telephone Company	.pdf	10 Jun 2019
Motion by San Jose et al to stay FCC order pending appeals
San Jose et al, motion for stay of FCC “September Order”>	.pdf	17 Dec 2018
U.S. justice department, letter taking no position on stay of “September Order”>	.pdf	31 Dec 2018
CTIA et al, opposition to stay of “September Order”>	.pdf	1 Jan 2019
FCC, opposition to stay of “September Order”>	.pdf	2 Jan 2019
San Jose et al, reply to oppositions to stay	.pdf	8 Jan 2019
Verizon threats, based on FCC order, and response
City of North Little Rock, et al motion for stay of FCC order	.pdf	14 Dec 2018
Verizon letter to City of North Little Rock, threatening FCC preemption	.pdf	5 Dec 2018
City of North Little Rock, Small Wireless Communication Facility Regulation	.pdf	23 Jul 2018
Motion to move case to ninth circuit court of appeals in San Francisco
City of San Jose, et al, motion to transfer cases to ninth circuit, 29 November 2018	.pdf	29 Nov 2018
City of Portland’s petition for review of FCC wireline order, 2 October 2018 (basis for San Jose’s motion)	.pdf	2 Oct 2018
City of Seattle, et al position statement	.pdf	17 Dec 2018
FCC response	.pdf	17 Dec 2018
Mobile carriers and lobbyists’s response	.pdf	17 Dec 2018
San Jose, et al, reply to FCC and industry response	.pdf	24 Dec 2018
Initial argument summaries, aka docketing statements
San Jose, et al	.pdf	15 Nov 2018
Seattle, et al	.pdf	21 Nov 2018
Huntington Beach	.pdf	21 Nov 2018
Puerto Rico Telephone Company	.pdf	12 Nov 2018
Sprint	.pdf	7 Nov 2018
Verizon	.pdf	14 Nov 2018
Petitions filed with federal appellate courts to block ruling
City of San Jose (lead), County of Los Angeles and 18 other cities in Arizona, California, Nevada, Oregon and Washington	.pdf	24 Oct 2018
Leagues of Cities (Arizona, California, Oregon), City of Seattle (lead), City of Tacoma, King County, Washington	.pdf	24 Oct 2018
City of Huntington Beach, California	.pdf	24 Oct 2018
American Public Power Association	.pdf	15 Nov 2018
Montgomery County, Maryland	.pdf	5 Dec 2018
City of Austin, et al	.pdf	11 Dec 2018
City of Eugene, et al	.pdf	12 Dec 2018
City of North Little Rock, Arkansas et al	.pdf	13 Dec 2018
San Francisco	.pdf	14 Dec 2018
Petitions filed with federal appellate courts to expand ruling – wireless carriers are also challenging it, asking the court to add automatic “deemed granted” privileges when shot clocks expire.
AT&T	.pdf	25 Oct 2018
Puerto Rico Telephone Company	.pdf	25 Oct 2018
Sprint	.pdf	25 Oct 2018
Verizon	.pdf	25 Oct 2018
Other Documents
Statements by FCC commissioners
Ajit Pai	.pdf	26 Sep 2018
Jessica Rosenworcel	.pdf	26 Sep 2018
Brendan Carr	.pdf	26 Sep 2018
Michael O’Rielly	.pdf	26 Sep 2018
Speech by FCC commissioner Brendan Carr at Mobile World Congress Americas	.pdf	13 Sep 2018
Sample of comment letters sent to FCC
Joint letter by local government associations	.pdf	19 Sep 2018
City and County of San Francisco	.pdf	19 Sep 2018
CTIA, aka Cellular Telecommunications Industry Association	.pdf	20 Sep 2018
Smart Communities Siting Coalition	.pdf	8 Mar 2017
Miscellaneous
Version of the FCC’s declaratory ruling published in the Federal Register	.pdf	15 Oct 2018
Pre-vote draft of FCC’s declaratory ruling	.pdf	5 Sep 2018

Wireless Facilities Permitting

Other Documents

Share this: