Municipal Permitting of Wireless Communication Facilities

Drawing on his years of experience in the development of municipal procedures and standards for permitting wireless facilities in the public ways, on March 7, 2019 Alan Mandl gave a presentation to client Town of Barnstable’s Town Council on municipal permitting of wireless communications facilities located in and outside of public ways. His presentation covered the limitations on municipal permitting authority under federal statutes, related federal court decisions and a series of Federal Communications Commission (FCC) orders.

Among the key topics were the clash of municipal permitting authority under Massachusetts law and federal actions that limit that local authority.  Also included were recent FCC actions that: bar moratoria; limit oversight of wireless facilities in the public ways; set potential limits on municipal permitting fees for small wireless facilities; establish shorter “shot clocks” for decisions on small wireless facility applications to use public ways; require municipalities to make available for wireless attachments their poles and traffic light facilities located in public ways; and impose potential limits on fees which municipalities may charge for the use of these facilities.

For more information, please contact Alan Mandl at ro call (617) 737-1800