FCC sets cell-tower siting time limits

The FCC has unanimously adopted an order on the cell tower industry's tower siting "shot clock" petition. The order sets presumptive deadlines of 90 days (for co-location applications) and 150 days (for all other wireless siting applications) within which a local government must act on wireless applications. If the local government fails to act before that deadline, then:  (1) the local government is presumed (albeit rebuttably) not to have acted within a "a reasonable period of time" within the meaning of Sec. 332(c)(7)(B)(ii) of the Communications Act, and (2) the wireless applicant is entitled to take the local government to court on that ground pursuant to Sec. 332(c)(7)(B)(v).  As a standard operating procedure, the FCC made clear that once in court, the local government is entitled to prove that its failure to act within the FCC's deadline was reasonable and thus not contrary to Sec. 332(c)(7)(B)(ii). (Proving that, of course, will cost money.) The decision is bad news for local government budgets and the orderliness of the local zoning process.  The League is reviewing the Order and working with our national partners in Washington to determine the next best course of action.