[Federal Register Volume 84, Number 214 (Tuesday, November 5, 2019)]
[Rules and Regulations]
[Page 59567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24071]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[WT Docket No. 17-79; DA 19-1024]


Accelerating Wireless Broadband Deployment by Removing Barriers 
to Infrastructure Investment

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Federal Communications Commission (Commission) repeals a 
section of the Commission's rules implementing the small wireless 
facilities exemption and deletes a cross-reference to that section 
contained elsewhere in the Commission's rules.

DATES: Effective December 5, 2019.

FOR FURTHER INFORMATION CONTACT: Belinda Nixon, [email protected], 
of the Wireless Telecommunications Bureau, Competition & Infrastructure 
Policy Division, 202-418-1382.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
in WT Docket No. 17-79; DA 19-1024, adopted and released on October 8, 
2019. The complete text of this document is available for download at 
http://fjallfoss.fcc.gov/edocs_public/. The complete text of this 
document is also available for inspection and copying during normal 
business hours in the FCC Reference Information Center, Portals II, 445 
12th Street SW, Room CY-A257, Washington, DC 20554. To request 
materials in accessible formats for people with disabilities (Braille, 
large print, electronic files, audio format), send an email to 
[email protected] or call the Consumer & Governmental Affairs Bureau at 
202-418-0530 (voice), 202-418-0432 (TTY).
    1. In United Keetoowah Band of Cherokee Indians v. FCC, No. 18-
1129, 2019 WL 3756373 (D.C. Cir Aug. 9, 2019) (United Keetoowah), the 
U.S. Court of Appeals for the District of Columbia Circuit vacated 
those portions of the Commission's 2018 Accelerating Wireless Broadband 
Deployment by Removing Barriers to Infrastructure Investment (Second 
Report and Order), 83 FR 19440, May 3, 2018, that exempted certain 
small wireless facilities from federal environmental and historic 
preservation review. Pursuant to F.R. App. P. 41(b), the court issued 
its mandate on October 7, 2019. Consistent with the court's mandate, 
this Order repeals the section of the Commission's rules implementing 
the small wireless facilities exemption and deletes a cross-reference 
to that section contained elsewhere in the Commission's rules.
    2. The Bureau finds that notice and comment are unnecessary for 
these rule amendments under 5 U.S.C. 553(b), because this ministerial 
order merely implements the mandate of the United States Court of 
Appeals for the District of Columbia Circuit, and the Commission lacks 
discretion to depart from this mandate.
    3. Accordingly, It Is Ordered that Sec.  1.1312(e)(2) of the 
Commission's rules, 47 CFR 1.1312(e)(2), Is Repealed and Sec.  1.6002, 
47 CFR 1.6002, is amended as set forth in Appendix A of the Order, 
effective December 5, 2019.
    4. This action is taken pursuant to sections 4(i), 4(j), 5(c), 303, 
and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 154(j), 155(c), 303 and 309(j) and Sec.  0.331(d) of the 
Commission's rules, 47 CFR 0.331(d).
    5. The Bureau has determined, and the Administrator of the Office 
of Information and Regulatory Affairs, Office of Management and Budget, 
concurs that these rules are major under the Congressional Review Act, 
5 U.S.C. 804(2). The Bureau will send a copy of this Order to Congress 
and the Government Accountability Office pursuant to 5 U.S.C. 
801(a)(1)(A). The Bureau finds good cause to make this rule effective 
earlier than 60 days after the Order is submitted to Congress and the 
Government Accountability Office, pursuant to 5 U.S.C. 808(2), because 
this ministerial order merely implements the mandate of the United 
States Court of Appeals for the District of Columbia Circuit, and the 
Commission lacks discretion to depart from this mandate.

List of Subjects in 47 CFR Part 1

    Communications equipment, Environmental protection, Historic 
preservation, Radio, Telecommunications.

Federal Communications Commission.
Amy Brett,
Associate Chief, Competition and Infrastructure Policy Division, 
Wireless Telecommunications Bureau.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 1 as follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 continues to read as follows:

    Authority:  47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note, 
unless otherwise noted.


0
2. Section 1.1312 is amended by revising paragraph (e) to read as 
follows:


Sec.  1.1312  Facilities for which no preconstruction authorization is 
required.

* * * * *
    (e) Paragraphs (a) through (d) of this section shall not apply to 
the construction of mobile stations.


0
3. Section 1.6002 is amended by revising paragraph (l) to read as 
follows:


Sec.  1.6002  Definitions.

* * * * *
    (l) Small wireless facilities are facilities that meet each of the 
following conditions:
    (1) The facilities--
    (i) Are mounted on structures 50 feet or less in height including 
their antennas as defined in Sec.  1.1320(d); or
    (ii) Are mounted on structures no more than 10 percent taller than 
other adjacent structures; or
    (iii) Do not extend existing structures on which they are located 
to a height of more than 50 feet or by more than 10 percent, whichever 
is greater;
    (2) Each antenna associated with the deployment, excluding 
associated antenna equipment (as defined in the definition of antenna 
in Sec.  1.1320(d)), is no more than three cubic feet in volume;
    (3) All other wireless equipment associated with the structure, 
including the wireless equipment associated with the antenna and any 
pre-existing associated equipment on the structure, is no more than 28 
cubic feet in volume;
    (4) The facilities do not require antenna structure registration 
under part 17 of this chapter;
    (5) The facilities are not located on Tribal lands, as defined 
under 36 CFR 800.16(x); and
    (6) The facilities do not result in human exposure to 
radiofrequency radiation in excess of the applicable safety standards 
specified in Sec.  1.1307(b).
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[FR Doc. 2019-24071 Filed 11-4-19; 8:45 am]
 BILLING CODE 6712-01-P