§ 1.6100   Wireless Facility Modifications.

   (a) [Reserved]

   (b) Definitions. Terms used in this section have the following
   meanings.

   (1) Base station. A structure or equipment at a fixed location that
   enables Commission-licensed or authorized wireless communications
   between user equipment and a communications network. The term does not
   encompass a tower as defined in this subpart or any equipment
   associated with a tower.

   (i) The term includes, but is not limited to, equipment associated with
   wireless communications services such as private, broadcast, and public
   safety services, as well as unlicensed wireless services and fixed
   wireless services such as microwave backhaul.

   (ii) The term includes, but is not limited to, radio transceivers,
   antennas, coaxial or fiber-optic cable, regular and backup power
   supplies, and comparable equipment, regardless of technological
   configuration (including Distributed Antenna Systems and small-cell
   networks).

   (iii) The term includes any structure other than a tower that, at the
   time the relevant application is filed with the State or local
   government under this section, supports or houses equipment described
   in paragraphs (b)(1)(i) through (ii) of this section that has been
   reviewed and approved under the applicable zoning or siting process, or
   under another State or local regulatory review process, even if the
   structure was not built for the sole or primary purpose of providing
   such support.

   (iv) The term does not include any structure that, at the time the
   relevant application is filed with the State or local government under
   this section, does not support or house equipment described in
   paragraphs (b)(1)(i)-(ii) of this section.

   (2) Collocation. The mounting or installation of transmission equipment
   on an eligible support structure for the purpose of transmitting and/or
   receiving radio frequency signals for communications purposes.

   (3) Eligible facilities request. Any request for modification of an
   existing tower or base station that does not substantially change the
   physical dimensions of such tower or base station, involving:

   (i) Collocation of new transmission equipment;

   (ii) Removal of transmission equipment; or

   (iii) Replacement of transmission equipment.

   (4) Eligible support structure. Any tower or base station as defined in
   this section, provided that it is existing at the time the relevant
   application is filed with the State or local government under this
   section.

   (5) Existing. A constructed tower or base station is existing for
   purposes of this section if it has been reviewed and approved under the
   applicable zoning or siting process, or under another State or local
   regulatory review process, provided that a tower that has not been
   reviewed and approved because it was not in a zoned area when it was
   built, but was lawfully constructed, is existing for purposes of this
   definition.

   (6) Site. For towers other than towers in the public rights-of-way, the
   current boundaries of the leased or owned property surrounding the
   tower and any access or utility easements currently related to the
   site, and, for other eligible support structures, further restricted to
   that area in proximity to the structure and to other transmission
   equipment already deployed on the ground.

   (7) Substantial change. A modification substantially changes the
   physical dimensions of an eligible support structure if it meets any of
   the following criteria:

   (i) For towers other than towers in the public rights-of-way, it
   increases the 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; for other
   eligible support structures, it increases the height of the structure
   by more than 10% or more than ten feet, whichever is greater;

   (A) Changes in height should be measured from the original support
   structure in cases where deployments are or will be separated
   horizontally, such as on buildings' rooftops; in other circumstances,
   changes in height should be measured from the dimensions of the tower
   or base station, inclusive of originally approved appurtenances and any
   modifications that were approved prior to the passage of the Spectrum
   Act.

   (ii) For towers other than towers in the public rights-of-way, it
   involves 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; for other eligible support structures, it
   involves adding an appurtenance to the body of the structure that would
   protrude from the edge of the structure by more than six feet;

   (iii) For any eligible support structure, it involves installation of
   more than the standard number of new equipment cabinets for the
   technology involved, but not to exceed four cabinets; or, for towers in
   the public rights-of-way and base stations, it involves installation of
   any new equipment cabinets on the ground if there are no pre-existing
   ground cabinets associated with the structure, or else involves
   installation of ground cabinets that are more than 10% larger in height
   or overall volume than any other ground cabinets associated with the
   structure;

   (iv) It entails any excavation or deployment outside the current site;

   (v) It would defeat the concealment elements of the eligible support
   structure; or

   (vi) It does not comply with conditions associated with the siting
   approval of the construction or modification of the eligible support
   structure or base station equipment, provided however that this
   limitation does not apply to any modification that is non-compliant
   only in a manner that would not exceed the thresholds identified in
   § 1.40001(b)(7)(i) through (iv).

   (8) Transmission equipment. Equipment that facilitates transmission for
   any Commission-licensed or authorized wireless communication service,
   including, but not limited to, radio transceivers, antennas, coaxial or
   fiber-optic cable, and regular and backup power supply. The term
   includes equipment associated with wireless communications services
   including, but not limited to, private, broadcast, and public safety
   services, as well as unlicensed wireless services and fixed wireless
   services such as microwave backhaul.

   (9) Tower. Any structure built for the sole or primary purpose of
   supporting any Commission-licensed or authorized antennas and their
   associated facilities, including structures that are constructed for
   wireless communications services including, but not limited to,
   private, broadcast, and public safety services, as well as unlicensed
   wireless services and fixed wireless services such as microwave
   backhaul, and the associated site.

   (c) Review of applications. A State or local government may not deny
   and shall approve any eligible facilities request for modification of
   an eligible support structure that does not substantially change the
   physical dimensions of such structure.

   (1) Documentation requirement for review. When an applicant asserts in
   writing that a request for modification is covered by this section, a
   State or local government may require the applicant to provide
   documentation or information only to the extent reasonably related to
   determining whether the request meets the requirements of this section.
   A State or local government may not require an applicant to submit any
   other documentation, including but not limited to documentation
   intended to illustrate the need for such wireless facilities or to
   justify the business decision to modify such wireless facilities.

   (2) Timeframe for review. Within 60 days of the date on which an
   applicant submits a request seeking approval under this section, the
   State or local government shall approve the application unless it
   determines that the application is not covered by this section.

   (3) Tolling of the timeframe for review. The 60-day period begins to
   run when the application is filed, and may be tolled only by mutual
   agreement or in cases where the reviewing State or local government
   determines that the application is incomplete. The timeframe for review
   is not tolled by a moratorium on the review of applications.

   (i) To toll the timeframe for incompleteness, the reviewing State or
   local government must provide written notice to the applicant within 30
   days of receipt of the application, clearly and specifically
   delineating all missing documents or information. Such delineated
   information is limited to documents or information meeting the standard
   under paragraph (c)(1) of this section.

   (ii) The timeframe for review begins running again when the applicant
   makes a supplemental submission in response to the State or local
   government's notice of incompleteness.

   (iii) Following a supplemental submission, the State or local
   government will have 10 days to notify the applicant that the
   supplemental submission did not provide the information identified in
   the original notice delineating missing information. The timeframe is
   tolled in the case of second or subsequent notices pursuant to the
   procedures identified in this paragraph (c)(3). Second or subsequent
   notices of incompleteness may not specify missing documents or
   information that were not delineated in the original notice of
   incompleteness.

   (4) Failure to act. In the event the reviewing State or local
   government fails to approve or deny a request seeking approval under
   this section within the timeframe for review (accounting for any
   tolling), the request shall be deemed granted. The deemed grant does
   not become effective until the applicant notifies the applicable
   reviewing authority in writing after the review period has expired
   (accounting for any tolling) that the application has been deemed
   granted.

   (5) Remedies. Applicants and reviewing authorities may bring claims
   related to Section 6409(a) to any court of competent jurisdiction.

   [ 80 FR 1269 , Jan. 8, 2015. Redesignated and amended at  83 FR 51886 ,
   Oct. 15, 2018]

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Subpart V—Commission Collection of Advanced Telecommunications Capability
Data and Local Exchange Competition Data

   Source:  65 FR 19684 , Apr. 12, 2000;  65 FR 24654 , Apr. 27, 2000, unless
   otherwise noted.

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