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Streamlined Wireless Facilities Deployment: Federal Regulation in the Middle Class Tax Relief and Job Creation Act of 2012 Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 mandates that state and local governments must approve an eligible facilities request for the modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station. The Act was signed into law February 22, 2012. The section mandating streamlined modification and collocation approval ensures the timely deployment of wireless services. Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012' (a) Facility Modification.— (1) In general.—Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104-104) or any other provision of law, a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station. (2) Eligible facilities request.—For purposes this subsection, the term "eligible facilities request" means any request for modification of an existing wireless tower or base station that involves– (A) collocation of new transmission equipment; (B) removal of transmission equipment; or (C) replacement of transmission equipment. (3)Applicability of environmental laws.—nothing in paragraph (1)shall be construed to relieve the Commission from the requirements of the National Historic Preservation Act or the National Environmental Policy Act of 1969. The Act applies to eligible facilities requests for modification of existing wireless towers and base stations: The Act defines "eligible facilities request" as any request for modification of an existing wireless tower or base station that involves: – Collocation of new transmission equipment; – Removal of transmission equipment;or – Replacement of transmission equipment. The Federal Communications Commission ("FCC") defines "collocation" as "the mounting or installation of an antenna on an existing tower, building or structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes."" The FCC defines a "substantial change" as: – The mounting of a proposed antenna on the tower that would increase the existing height of the tower by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet,whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to avoid interference with existing antennas; or – The mounting of a proposed antenna that would involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable.`" The FCC defines a "tower" as "any structure built for the sole or primary purpose of supporting FCC-licensed antennas and their associated facilities. The federal regulations define a "base station" as "[a] station at a specified site authorized to communicate with mobile stations;" or"[a] land station in the land mobile service."° For more information, please contact PCIA's Government Affairs Department: advocacy@pcia.com