§ 1.6003   Reasonable periods of time to act on siting applications.

   (a) Timely action required. A siting authority that fails to act on a
   siting application on or before the shot clock date for the
   application, as defined in paragraph (e) of this section, is presumed
   not to have acted within a reasonable period of time.

   (b) Shot clock period. The shot clock period for a siting application
   is the sum of—

   (1) The number of days of the presumptively reasonable period of time
   for the pertinent type of application, pursuant to paragraph (c) of
   this section; plus

   (2) The number of days of the tolling period, if any, pursuant to
   paragraph (d) of this section.

   (c) Presumptively reasonable periods of time—(1) Review periods for
   individual applications. The following are the presumptively reasonable
   periods of time for action on applications seeking authorization for
   deployments in the categories set forth in paragraphs (c)(1)(i) through
   (iv) of this section:

   (i) Review of an application to collocate a Small Wireless Facility
   using an existing structure: 60 days.

   (ii) Review of an application to collocate a facility other than a
   Small Wireless Facility using an existing structure: 90 days.

   (iii) Review of an application to deploy a Small Wireless Facility
   using a new structure: 90 days.

   (iv) Review of an application to deploy a facility other than a Small
   Wireless Facility using a new structure: 150 days.

   (2) Batching. (i) If a single application seeks authorization for
   multiple deployments, all of which fall within a category set forth in
   either paragraph (c)(1)(i) or (iii) of this section, then the
   presumptively reasonable period of time for the application as a whole
   is equal to that for a single deployment within that category.

   (ii) If a single application seeks authorization for multiple
   deployments, the components of which are a mix of deployments that fall
   within paragraph (c)(1)(i) of this section and deployments that fall
   within paragraph (c)(1)(iii) of this section, then the presumptively
   reasonable period of time for the application as a whole is 90 days.

   (iii) Siting authorities may not refuse to accept applications under
   paragraphs (c)(2)(i) and (ii) of this section.

   (d) Tolling period. Unless a written agreement between the applicant
   and the siting authority provides otherwise, the tolling period for an
   application (if any) is as set forth in paragraphs (d)(1) through (3)
   of this section.

   (1) For an initial application to deploy Small Wireless Facilities, if
   the siting authority notifies the applicant on or before the 10th day
   after submission that the application is materially incomplete, and
   clearly and specifically identifies the missing documents or
   information and the specific rule or regulation creating the obligation
   to submit such documents or information, the shot clock date
   calculation shall restart at zero on the date on which the applicant
   submits all the documents and information identified by the siting
   authority to render the application complete.

   (2) For all other initial applications, the tolling period shall be the
   number of days from—

   (i) The day after the date when the siting authority notifies the
   applicant in writing that the application is materially incomplete and
   clearly and specifically identifies the missing documents or
   information that the applicant must submit to render the application
   complete and the specific rule or regulation creating this obligation;
   until

   (ii) The date when the applicant submits all the documents and
   information identified by the siting authority to render the
   application complete;

   (iii) But only if the notice pursuant to paragraph (d)(2)(i) of this
   section is effectuated on or before the 30th day after the date when
   the application was submitted; or

   (3) For resubmitted applications following a notice of deficiency, the
   tolling period shall be the number of days from—

   (i) The day after the date when the siting authority notifies the
   applicant in writing that the applicant's supplemental submission was
   not sufficient to render the application complete and clearly and
   specifically identifies the missing documents or information that need
   to be submitted based on the siting authority's original request under
   paragraph (d)(1) or (2) of this section; until

   (ii) The date when the applicant submits all the documents and
   information identified by the siting authority to render the
   application complete;

   (iii) But only if the notice pursuant to paragraph (d)(3)(i) of this
   section is effectuated on or before the 10th day after the date when
   the applicant makes a supplemental submission in response to the siting
   authority's request under paragraph (d)(1) or (2) of this section.

   (e) Shot clock date. The shot clock date for a siting application is
   determined by counting forward, beginning on the day after the date
   when the application was submitted, by the number of calendar days of
   the shot clock period identified pursuant to paragraph (b) of this
   section and including any pre-application period asserted by the siting
   authority; provided, that if the date calculated in this manner is a
   “holiday” as defined in § 1.4(e)(1) or a legal holiday within the
   relevant State or local jurisdiction, the shot clock date is the next
   business day after such date. The term “business day” means any day as
   defined in § 1.4(e)(2) and any day that is not a legal holiday as
   defined by the State or local jurisdiction.

   return arrow Back to Top