FRED UPTON, M ICHIGAN 
CHAI RMAN 
ONE HUNDRED THIRTEENTH CONGRESS 
HENRY A. WAXM AN, CALI FORNIA 
RANKING MEM BER 
C!Congre£)£) of tbe Wniteb ~tate£) 
J!)ouse of l\epresentatibes 
COMMITTEE ON ENERGY AND COMMERCE 
2125 RAYBURN H ousE OFFICE B u iLDING 
WASHINGTON, DC 20515-6115 
The llonorable Tom Wheeler 
Chairman 
Federal Communications Commission 
445 Twelfth Street, S.W. 
Washington, D.C. 20554 
Dear Chairman Wheeler: 
M<iJOnly (202) 22!;-2927 
Mmonly (202) 225-3641 
May 29,2014 
With the spectrum provisions of the Middle Class Tax Relief and Job Creation Act of 
2012 ("'Spectrum Act"), Congress set the stage to bring valuab le spectrum to market to meet 
wireless broadband demand, to provide first responders an interoperable nationwide wireless 
broadband network, and to generate needed revenue for the Treasury. In addition to making more 
spectrum avai lable, there arc other steps that must be taken to meet consumer demand for 
wireless services and build the nationwide public safety network - namely, expanding existing 
networks and deploying next generation networks. Congress passed Section 6409(a) with the 
intent of streamlining the approval of eligible facilities requests and to avoid lengthy and costly 
disputes that thwart the et1icient use of ex isting wireless infrastructure in expanding mobile 
broadband coverage and capacity. 
In January of 2013, the Commission initiated a rulcmaking proceeding to adopt rules to 
clarify and implement Section 6409(a). In commencing this action, the Commission expressly 
acknowledged the need of stakeholders for guidance as to how Section 6409(a) should be 
applied. Today, more than a year later, the need for that guidance remains. 
Time is of the essence. We urge you to take swift action to clarify the terms of Section 
6409(a) consistent with the intent of the statute to deliver the benefits of wireless broadband 
access to all Americans. To ensure that 6409(a) achieves its goal of streamlining the approval of 
eligible facilities requests, the Commission should adopt rules that provide consistency for 
applicants and reviewing authorities alike. The FCC should delineate an objective standard for 
when a modification "substantially changcfs l the physical dimensions" of a wireless facil ity. We 
agree with the Conunission's proposed approach of leveraging its existing rules, particularly the 
Collocation Programmatic Agreement, to craft this objective standard. 
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Letter to Chairman Wheeler 
Page 2 
We also agree in principle with many of the Commission's tentative conclusions for the 
definitions of other key terms of 6409(a). "Wireless tower or base station" should, at a minimum, 
include structures that support or house an antenna, transceiver, or other associated equipment 
that constitutes part of a base station, even if they were not built for the sole or primary purpose 
of providing such support. "Base station" should include antennas, transceivers, and other 
associated equipment like fiber and coaxial cable, backhaul equipment, and regular and backup 
power facilities. 
Further, 6409(a)'s "may not deny, and shall approve" mandate should establish a non-
discretionary review process and a "deemed granted" remedy for eligible facilities requests, 
including those to structures deemed legal but non-conforming uses, so that these minor 
modifications and collocations can be submitted, processed and put into use as quickly as 
possible. 
In addition to Section 6409(a), the Commission's other efforts in the rulcmaking 
proceeding to identify ways to foster broadband infrastructure deployment warrant similar swift 
action. Facilitating both the deployment of small cells for targeted capacity and the use of 
temporary towers for short, sharp spikes in usage are part and parcel to meeting national 
broadband goals. Both are important tools for providing the robust service upon which 
consumers, businesses, and public safety rely. 
If you have any questions, please contact David Redl with the Energy & Commerce 
Committee statl at (202) 225-2927. 
Sincerely, 
Chairman 
cc: The Honorable Henry A. Waxman, Ranking Member 
House Comrnittee on Energy and Commerce 
The Honorable Anna Eshoo, Ranking Member 
Subcommittee on Communications and Technology 
The Honorable Mignon Clyburn, Commissioner 
Federal Communications Commission 
The Honorable Jessica Rosenworccl, Commissioner 
Federal Communications Commission 
Letter to Chairman Wheeler 
Page 3 
The Honorable Aj it Pai, Commissioner 
Federal Communications Commission 
The Honorable Michael O'Rielly, Commissioner 
Federal Communications Commission