2520 MADISON ST DISH WIRELESS 2025-08-08

on a wireless tower or base station substantially changes the physical dimensions of the underlying structure within the meaning of Section 6409(a). What is a"wireless tower or base station"? A"tower"is defined in the Nationwide Collocation Agreement as"any structure built for the sole or primary purpose of supporting FCC-licensed antennas and their associated facilities."'The Commission has described a"base station"as consisting of"radio transceivers,antennas,coaxial cable,a regular and backup power supply,and other associated electronics."9 Section 6409(a)applies to the collocation, removal,or replacement of equipment on a wireless tower or base station. In this context,we believe it is reasonable to interpret a"base station"to include a structure that currently supports or houses an antenna, transceiver,or other associated equipment that constitutes part of a base station.10 Moreover,given the absence of any limiting statutory language,we believe a"base station"encompasses such equipment in any technological configuration,including distributed antenna systems and small cells. Section 6409(a)by its terms applies to any"wireless"tower or base station. By contrast,the scope of Section 332(c)(7)extends only to facilities used for"personal wireless services"as defined in that section." Given Congress's decision not to use the pre-existing definition from another statutory provision relating to wireless siting,we believe the scope of a"wireless"tower or base station under Section 6409(a)is not intended to be limited to facilities that support"personal wireless services"under Section 332(c)(7). May a state or local government require an application for an action covered under Section 6409(a)? Section 6409(a)states that a state or local government"may not deny,and shall approve,any eligible facilities request...." It does not say that a state or local government may not require an application to be filed. The provision that a state or local government must approve and may not deny a request to take a covered action,in the Bureau's view,implies that the relevant government entity may require the filing of an application for administrative approval. 8 See Nationwide Collocation Agreement, § LB. 9 See Implementation of Section 6002(b)of the Omnibus Budget Reconciliation Act of 1993,WT Docket No. 10- 133,Annual Report and Analysis of Competitive Market Conditions With Respect to Mobile Wireless,Including Commercial Mobile Services,Fifteenth Report, 26 FCC Rcd.9664,9481,para.308(2011). io See also 47 C.F.R.Part 1,App.C,Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process,§II.A.14(defining"tower"to include"the on-site fencing,equipment, switches,wiring,cabling,power sources,shelters,or cabinets associated with that Tower but not installed as part of an Antenna as defined herein"). "47 U.S.C.§332(c)(7)(A). "Personal wireless services"is in turn defined to mean"commercial mobile services, unlicensed wireless services,and common carrier wireless exchange access services." Id. §332(c)(7)(C)(1). 3 3