FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,398
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* interpretation of Sections 253 and 332:4s Should the Commission adopt guidelines or rules
interpreting the terms of these statutory provisions with respect to rights of way and
wireless facilities siting requirements? If so, what provisions of each section should the
Commission address and how should those provisions be interpreted?
49. Adjudication: Should the Commission address certain rights of way problems through
adjudication under section 253? Would this approach be well suited to addressing problems that are not
widespread, but may represent significant obstacles to broadband deployment in a particular locality or a
small number of localities?
3. Other Proposals
50. We also invite interested parties to suggest other specific actions the Commission could
take to improve policies regarding public rights of way and wireless facilities siting. In each case, we ask
them to describe the problem or subject matter addressed and its effect on broadband deployment. We
then ask them to explain their proposal. We also ask interested persons to describe the benefits of such
proposals and to address potential drawbacks. In addition, we ask interested persons to identify proposals
that can be implemented relatively quickly and those that would take longer to implement, along with
suggested timelines.
IV. LEGAL AUTHORITY
51. We believe the Commission has authority to engage in educational activities to foster
broadband deployment through improved policies regarding public rights of way and wireless facilities
siting and to coordinate and participate in voluntary activities designed to achieve this goal. We also
believe the Commission has authority to adopt policy guidelines and rules concerning these issues. We
ask for comment on these views and on whether the Commission has authority to adjudicate rights of way
cases under section 253. An analysis of these legal issues is set forth below. In this regard, we emphasize
that the views described here do not represent final determinations on these issues and that our ultimate
legal conclusions will reflect a careful consideration of the comments addressing these issues.
A. Background
52. We begin by reviewing the terms of the statutory provisions most relevant to this
proceeding - section 706 of the 1996 Telecommunications Act and sections 253 and 332(c)7) of the
Communications Act. We also address a number of additional statutory provisions in this section.
53. Section 706(a) provides that the Commission "shall encourage the deployment on a
reasonable and timely basis of advanced telecommunications capability to all Americans (including, in
particular, elementary and secondary schools and classrooms).... "46 In granting the Commission
authority to fulfill this mandate, Congress specifically directed the Commission to use various regulatory
"; As noted above, the Commission has previously interpreted several provisions in Section 332(cX7). In the Shot
Clock Ruling, to ensure a timely review of siting applications and to prevent unnecessary delay, the Commission
interpreted a "reasonable period of time" under section 332(c)7) of the Communications Act as 90 days for
collocations and 150 days for all other applications. The Commission also found that it is a violation of section
332(c)7)(B)(i)(ll) of the Communications Act for a state or local government to deny a personal wireless service
facility siting application because service is available from another provider. See Shot Clock Ruling, 24 FCC Rcd
13994 (2009).
'4 47 U.S.C. 1302(a); see also S. Rep. No. 104-23, at 51 (1995) ("The goal is to accelerate deployment of an
advanced capability that will enable subscribers in all parts of the United States to send and receive information in
all its forms-voice, data, graphics, and vidco--over a high-speed switched, interactive, broadband, transmission
capability.").5398
Federal Communications Commission
FCC 11-51
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc52169/m1/570/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.