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Peter Trachtenberg Deputy Chief Spectrum and Competition Policy Division

This report and order provides important clarifications and exclusions regarding the implementation of Section 6409(a), shot clock requirements, NEPA and NHPA review processes, and temporary tower regulations. It aims to streamline the deployment of wireless infrastructure while ensuring compliance with environmental and historic preservation regulations.

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Peter Trachtenberg Deputy Chief Spectrum and Competition Policy Division

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  1. Wireless Infrastructure Report and Order Peter Trachtenberg Deputy Chief Spectrum and Competition Policy Division Wireless Telecommunications Bureau

  2. Summary of the Report and Order 1. Section 6409(a) 2. Shot Clock Clarifications 3. National Environmental Policy Act (NEPA) Review Processes 4. National Historic Preservation Act (NHPA) Review Processes 5. Temporary Towers Notification Exclusion

  3. 1. SECTION 6409(A) • Defines key terms: • “existing wireless tower or base station” • “substantial change” • Localities may require documentation reasonably related to determining if 6409(a) applies • 60 day period of review • “Deemed grant” remedy • Disputes resolved in local court, not at the Commission

  4. 2. Shot Clock Clarifications • Tolling shot clock for incompleteness • DAS and small cell deployments are covered by the shot clock • The shot clock runs regardless of any local moratoria • No “deemed granted” remedy • Preferences for siting on government property not per se unlawful

  5. 3. NEPA Review Processes • Exclusions from environmental review • Collocations on existing structures, including associated equipment and interior collocations • New deployments in utility rights-of-way that are in active use • These exclusions do not exempt deployments from review for effects on historic properties

  6. 4. NHPA Review Processes • Exclusion of deployments on utility poles and transmission towers outside of historic districts • Subject to size limit and no new disturbance • Exclusion of deployments on other non- historic structures outside of historic districts • Must be near pre-existing antenna • Visibility restrictions, other conditions

  7. 5. Temporary Towers • Codifies the public notice waiver for temporary towers • Exemption applies to towers that: • In place for 60 days or less • Do not require marking or lighting • Less than 200 feet in height • Minimal or no ground excavation • Do not require environmental assessment

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