FCC Seeks Comment on Petition for Reconsideration of Small Cell Declaratory Ruling and Order

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The Wireless Telecommunications Bureau (Bureau) has established uniform deadlines for the filing of oppositions, and replies to oppositions, to a petition for reconsideration (Petition) of the FCC’s Small Cell Declaratory Ruling and Third Report and Order filed by a group of cities and local governments and other stakeholders. The FCC’s action, among other things, clarified when a state/local regulation constitutes an effective prohibition of service prohibited by the Communications Act, limited state/local fees for applications and managing deployments, provided guidance on state/local non-fee requirements such as aesthetics and underground deployments, and set shot clocks for processing small cell deployment applications. The Petitioners seek reconsideration of the FCC’s fee structure, definition of effective prohibition, undergrounding and minimum spacing guidance, and the presumptively reasonable periods of time for processing small cell deployment applications.

For administrative efficiency and to avoid unnecessary confusion from parties about the deadlines for filing oppositions and replies to the Petition, the Bureau adopts uniform deadlines for the filing of oppositions to the Petition, and for replies to such oppositions. Oppositions to the Petition must be filed within 15 days after the date that notice of the Petition is published in the Federal Register. Replies to oppositions must be filed within 10 days after the time for filing oppositions has expired. The Bureau will issue a separate Public Notice when notice of the Petition is published in the Federal Register.

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