Wireless communications providers in New Jersey that want to build new wireless facilities or expand existing ones have additional tools to do so under the Federal Communications Commission’s (FCC) recently enacted rules. In its Oct. 17, 2014, report and order, the FCC clarified the time frames under which a municipality must act on an application for the construction of a new wireless facility.
If a municipality fails to act within those time frames, a wireless facility applicant may obtain relief, including a court order requiring the municipality to permit the facility’s construction. As to the collocation of equipment on existing wireless facilities, the FCC finally issued definitions as to what constitutes a “substantial change” in the facility. If the proposed collocation does not represent a substantial change, then federal law requires the municipality to approve the application. Overall, the FCC’s 2014 order significantly improves a wireless applicant’s ability to obtain approval of an application for a new tower or collocation on an existing one.
Construction of New Wireless Facilities
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