BSL Memorandum Summarizing FCC Declaratory Ruling and Third Report & Order (Small Cells)
BSL Memorandum (pdf)
On September 26, the Federal Communications Commission adopted a Declaratory Ruling and Third Report and Order (respectively, “Ruling” and “Order”) that significantly affects local government discretion in matters pertaining to the deployment of “small wireless facilities” in the public right-of-way. Fee amounts, the ability to impose aesthetic requirements, minimum spacing requirements, timelines for review, and other important issues are directly addressed in the Ruling and Order. Ultimately, the Ruling and Order could result in preemption of the terms of small cell ordinances and attachment agreements already enacted by local governments and government-owned utilities.
This memorandum summarizes the main points of the Ruling and Order.