1. 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.

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

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

9. Wilkinson Barker Knauer, LLP
WBK Tower Group
William J. Sill
(202)
Wilkinson Barker Knauer, LLP
2300 N Street NW, Suite 700
Washington, DC 20037