FCC Shot Clock Declaratory Ruling

On November 18, 2009, the FCC released a Declaratory Ruling (WT Docket No. 08-165) affecting, among other things, the time within which a municipality must act on an application for a wireless telecommunications facility. The FCC ruled that municipalities must generally act on application for collocation within 90 days and within 150 days for a new tower application. An applicant is entitled to commence an action in Federal Court against any municipality which fails to act within the established timeframes. Such action should be commenced within 30 days of expiration of the relevant time frame.

The declaratory ruling also confirms that a local municipality may not deny an application for a new facility on the grounds that existing service within the target area exists from other carriers. While this has been the case in New York, other federal jurisdictions have held otherwise.