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CTA Supports Calls for Revised Rules for Over-the-Air Reception Devices

CTA supported proposed updates to FCC rules for over-the-air reception devices, in reply comments posted Tuesday in docket 19-71. Cities and others continue to counsel restraint (see 1906050014). Other groups are raising RF health concerns. “The availability of broadband is…

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an important factor in the growth of emerging technologies,” CTA said. “Emerging technologies use smaller form factors than previous generation’s macro towers, and these smaller form factors must be closer to end-users. Over the past two years, the Commission took important steps to streamline state and local review of infrastructure siting. … Expanding the OTARD rule to include all fixed wireless equipment is a reasonable next step for the Commission to consider.” Incompas also supported the change. “Fixed wireless is a solution that some of our members use to deliver critical voice and broadband services to their customers,” it commented: “INCOMPAS supports the Commission’s proposal to eliminate the restriction that currently excludes hub and relay antennas from the scope of the Commission’s OTARD provisions.” The U.S. Conference of Mayors and Los Angeles, Boston, Dallas and other local governments said the FCC doesn’t have the authority to act. “The Commission lacks the legal authority, delegated, implied, or ancillary, to take the actions it contemplates,” filing said. “Parties that are supportive of the proceeding fail to demonstrate that there is a predicate for action,” the cities said: “Numerous non-governmental parties offer insights that there is no national movement or scheme to deny OTARD deployments, and the Commission’s proposed actions could retard current plans for wireless developments.” San Francisco also opposed the rules. “The Commission cannot extend the OTARD rule simply because the Commission believes it will be speed-up broadband deployment,” it said: “Where, as here, the Commission is acting under a directive from Congress, the Commission must show that its actions are consistent with that directive, and are not prohibited by other federal laws.” The Wireless ISP Association, which asked for the change, said initial comments broke down into two camps. “Those in the real estate business that seek to maintain the status quo giving zoning and homeowners’ associations unmitigated control over the way their residents’ access video content, and those providers that desire a limited change to the OTARD rule so that consumers have more choices and providers are better able to extend service and offer competitive choice,” WISPA said.