AGL REGIONAL CONFERENCE 2012 How Collocation By Right (And Other New Laws) Will Affect You William J. Sill Wilkinson Barker Knauer, LLP Wednesday, August 22, 2012 11:15 a.m. -12:00 p.m.

Tower Siting Regulation: Are these the Good Old Days? In the bad old days tower siting issues had little or no traction In the last few years the FCC has compiled an impressive list of pro-build out decisions and efforts: The Shot Clock (2009) National Broadband Plan (2010) Pole Attachment Order (2011) Broadband Acceleration NOI (2011) FCC Workshops (2012) Congress Passed the Middle Class Tax Relief and Job Creation Act of 2012 establishing “Collocation by Right” The FCC, Congress and the President are focusing on streamlining siting on Federal lands 2

The Federal Communications Commission The “Shot Clock” The Shot Clock was created to remedy lengthy delays encountered at the local zoning level 90 days for Collocations 150 days for New Builds Longer than that is considered not to be a “reasonable time period” under 332(c) and is presumed to be a “failure to act” On January 23, 2012, the 5th Circuit Court upheld the Shot Clock Order but… Broadband Acceleration NOI 3

Migratory Bird Rulemaking Proceedings Interim ASR Rules Why did the FCC turn its attention to migratory bird issues? The FCC Adopted Interim ASR Rules last December FCC Programmatic Environmental Assessment (“PEA”) FCC released the final PEA on March 13th Final PEA found there would be no significant impact under any of the 5 alternatives considered for the ASR program The Next Step 4

And Congress Weighs In On Collocation Collocation By Right Collocations should not be subject to local authorities’ permitting processes Congress: Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 Localities “may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base that does not substantially change the physical dimensions of such tower or base station” Section 6409(b) and (c) require Federal Agencies to streamline the siting process for federal lands 5

Trouble’s A Brewin’ Ominous Rumblings Abound Calling Noah Webster! Claims that “Substantial Change” is not only quantitative it is “qualitative” a well Calls for Case-by-Case review by Localities Assertions that Section 6409(a) does not apply to collocations on existing buildings/structures Assertion that Cities are free to define the terms for themselves unless the FCC does Ominous Innuendo Consultants Propose “Interesting” Countermeasures 6

Can A Showdown Be Avoided? Break out the Decaf: Ask the FCC to Provide Definitional Guidance Urge the FCC to Shorten the 90-day Collocation Shot Clock Take the High Road Continue to Stress the Benefits of Collocation 7

What Does It All Mean? The View from 10,000 Feet Let Your Voices Be Heard! 8

Wilkinson Barker Knauer, LLP WBK Tower Group William J. Sill wsill@wbklaw.com (202) 383-3419 Wilkinson Barker Knauer, LLP 2300 N Street NW, Suite 700 Washington, DC 20037 www.wbklaw.com