2520 MADISON ST DISH WIRELESS 2025-08-08

r 4 . �NtGAipNy O o�c B L Federal Communications Commission News Media Information 202/418-0500 44512`h St.,S.W. Internet:http://www.fcc.gov Washington, D.C. 20554 TTY:1-888-835-5322 WIRELESS TELECOMMUNICATIONS BUREAU OFFERS GUIDANCE ON INTERPRETATION OF SECTION 6409(a)OF THE MIDDLE CLASS TAX RELIEF AND JOB CREATION ACT OF 2012 DA 12-2047 January 25,2013 On February 22,2012,the Middle Class Tax Relief and Job Creation Act of 2012(Tax Act)'became law. Section 6409(a)of the Tax Act provides that a state or local government"may not deny,and shall approve"any request for collocation,removal,or replacement of transmission equipment on an existing wireless tower or base station,provided this action does not substantially change the physical dimensions of the tower or base station.2 The full text of Section 6409(a)is reproduced in the Appendix to this Public Notice. To date,the Commission has not received any formal petition to interpret or apply the provisions of Section 6409(a). We also are unaware of any judicial precedent interpreting or applying its terms. The Wireless Telecommunications Bureau has,however,received informal inquiries from service providers, facilities owners,and state and local governments seeking guidance as to how Section 6409(a)should be applied. In order to assist interested parties,this Public Notice summarizes the Bureau's understanding of Section 6409(a)in response to several of the most frequently asked questions.' What does it mean to"substantially change the physical dimensions"of a tower or base station? Section 6409(a)does not define what constitutes a"substantial[]change"in the dimensions of a tower or base station. In a similar context,under the Nationwide Collocation Agreement with the Advisory Council on Historic Preservation and the National Conference of State Historic Preservation Officers,the Commission has applied a four-prong test to determine whether a collocation will effect a"substantial increase in the size of[a]tower.s4 A proposed collocation that does not involve a substantial increase in Middle Class Tax Relief and Job Creation Act of 2012,Pub.L. 112-96,H.R.3630, 126 Stat. 156(enacted Feb.22, 2012)(Tax Act). 2 Id.,§6409(a). 3 Although we offer this interpretive guidance to assist parties in understanding their obligations under Section 6409(a),see,e.g., Truckers United for Safety v.Federal Highway Administration,139 F.3d 934(D.C.Cir. 1998),the Commission remains free to exercise its discretion to interpret Section 6409(a)either by exercising its rulemaking authority or through adjudication. With two exceptions not relevant here,the Tax Act expressly grants the Commission authority to"implement and enforce"this and other provisions of Title VI of that Act"as if this title is a part of the Communications Act of 1934(47 U.S.C. 151 et seq.)." Tax Act§6003. 4 47 C.F.R.Part 1,App.B,Nationwide Programmatic Agreement for the Collocation of Wireless Antennas,§I.0 (Nationwide Collocation Agreement). I