Goto Section: 1.6002 | 1.6100 | Table of Contents
FCC 1.6003
Revised as of October 1, 2020
Goto Year:2019 |
2021
§ 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.
Goto Section: 1.6002 | 1.6100
Goto Year: 2019 |
2021
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