FEDERAL C O M MUNIC A T IONS C OMMISSIO N W A SH IN G TON OFFICE O F THE CHAI RMAN July 24, 2020 The Honorable Gus Bilirakis U.S. House of Representatives 2112 Rayburn House Office Building Washington, DC 20515 Dear Congressman Bilirakis: Thank you for your support of the "5G Upgrade Order," Declaratory Ruling and Notice of Proposed Rulemaking (Declaratory Ruling) in Docket 19-250. I appreciate your leadership on these issues and share your view that this Declaratory Ruling was a crucial next step in the FCC's ongoing effort to remove regulatory barriers that inhibit the deployment of infrastructure critical to building 5G networks. On June 9, the Federal Communications Commission took action in the Declaratory Ruling to facilitate the deployment of 5G networks across America by clarifying and seeking comment on the Commission's rules regarding state and local government review of modifications to existing wireless infrastructure. Our action should expedite equipment upgrades to support next-generation networks, which are critical to wireless innovation, investment, jobs, and economic growth. This Declaratory Ruling is important because it provides industry and local governments with more certainty about when the streamlining requirements of section 6409(a) of the Spectrum Act of2012 apply to modifications of existing wireless infrastructure. As you of course know, Congress enacted section 6409(a) to streamline state and local government review of certain requests to modify wireless transmission equipment on existing structures, and the Commission in 2014 adopted rules to implement section 6409(a). Under this framework, a state or local government must approve within 60 days any request for modification of an existing structure that does not substantially change the physical dimensions of such structure. The Declaratory Ruling adopted on June 9 clarifies the Commission's 2014 rules with regard to when the 60-day shot clock for local review begins. The ruling also clarifies how certain aspects of proposed modifications- height increases, equipment cabinet additions, and impact on concealment elements and aesthetic conditions- affect eligibility for streamlined review under section 6409(a). Additionally, our action clarifies that under the Commission's rules on environmental and historic preservation review, FCC applicants do not need to submit environmental assessments based only on potential impacts to historic properties when the parties have entered into a memorandum of agreement to mitigate effects on those properties. The Commission also adopted a Notice of Proposed Rulemaking that seeks comment on proposed rule changes regarding excavation or deployment outside the boundaries of an existing tower site and the effects of such activities on eligibility for streamlined review under section 6409(a). Page 2 The Honorable Gus Bilirakis Again, I appreciate your support of the Commission s work in this area and your leadership on this matter. Please let me know if I can be of any further assistance. F E DERA L C O MMU N ICATIO N S C O MM ISSIO N W ASH I NGT ON OFFI CE O F T H E C H A I R MAN July 24, 2020 The Honorable Susan W. Brooks U.S. House of Representatives 2211 Rayburn House Office Building Washington, DC 20515 Dear Congresswoman Brooks: Thank you for your support of the "SG Upgrade Order," Declaratory Ruling and Notice of Proposed Rulemaking (Declaratory Ruling) in Docket 19-250. r appreciate your leadership on these issues and share your view that this Declaratory Ruling was a crucial next step in the FCC's ongoing effort to remove regulatory barriers that inhibit the deployment of infrastructure critical to building 5G networks. On June 9, the Federal Communications Commission took action in the Declaratory Ruling to facilitate the deployment of 5G networks across America by clarifying and seeking comment on the Commission's rules regarding state and local government review of modifications to existing wireless infrastructure. Our action should expedite equipment upgrades to support next-generation networks, which are critical to wireless innovation, investment, jobs, and economic growth. This Declaratory Ruling is important because it provides industry and local governments with more certainty about when the streamlining requirements of section 6409(a) of the Spectrum Act of 2012 apply to modifications of existing wireless infrastructure. As you of course know, Congress enacted section 6409(a) to streamline state and local government review of certain requests to modify wireless transmission equipment on existing structures, and the Commission in 2014 adopted rules to implement section 6409(a). Under this framework, a state or local government must approve within 60 days any request for modification of an existing structure that does not substantially change the physical dimensions of such structure. The Declaratory Ruling adopted on June 9 clarifies the Commission' s 2014 rules with regard to when the 60-day shot clock for local review begins. The ruling also clarifies how certain aspects of proposed modifications- height increases, equipment cabinet additions, and impact on concealment elements and aesthetic conditions- affect eligibility for streamlined review under section 6409(a). Additionally, our action clarifies that under the Commission' s rules on environmental and historic preservation review, FCC applicants do not need to submit environmental assessments based only on potential impacts to historic properties when the parties have entered into a memorandum of agreement to mitigate effects on those properties. The Commission also adopted a Notice of Proposed Rulemaking that seeks comment on proposed rule changes regarding excavation or deployment outside the boundaries of an existing tower site and the effects of such activities on eligibility for streamlined review under section 6409(a). Page 2 The Honorable Susan W. Brooks Again, I appreciate your support of the Commission s work in this area and your leadership on this matter. Please let me know if I can be of any further assistance. FEDER A L C OMM U NI C A T IONS C OMM ISSION W ASHINGTON OFFICE OF THE CHA1RM A N July 24, 2020 The Honorable Larry Bucshon U.S. House of Representatives 2313 Rayburn House Office Building Washington, DC 20515 Dear Congressman Bucshon: Thank you for your support of the "5G Upgrade Order," Declaratory Ruling and Notice of Proposed Rulemaking (Declaratory Ruling) in Docket 19-250. I appreciate your leadership on these issues and share your view that this Declaratory Ruling was a crucial next step in the FCC' s ongoing effort to remove regulatory barriers that inhibit the deployment of infrastructure critical to building 5G networks. On June 9, the Federal Communications Commission took action in the Declaratory Ruling to facilitate the deployment of 5G networks across America by clarifying and seeking comment on the Commission's rules regarding state and local government review of modifications to existing wireless infrastructure. Our action should expedite equipment upgrades to support next-generation networks, which are critical to wireless innovation, investment, jobs, and economic growth. This Declaratory Ruling is important because it provides industry and local governments with more certainty about when the streamlining requirements of section 6409(a) of the Spectrum Act of 2012 apply to modifications of existing wireless infrastructure. As you of course know, Congress enacted section 6409(a) to streamline state and local government review of certain requests to modify wireless transmission equipment on existing structures, and the Commission in 2014 adopted rules to implement section 6409(a). Under this framework, a state or local government must approve within 60 days any request for modification of an existing structure that does not substantially change the physical dimensions of such structure. The Declaratory Ruling adopted on June 9 clarifies the Commission's 2014 rules with regard to when the 60-day shot clock for local review begins. The ruling also clarifies how certain aspects of proposed modifications- height increases, equipment cabinet additions, and impact on concealment elements and aesthetic conditions- affect eligibility for streamlined review under section 6409(a). Additionally, our action clarifies that under the Commission's rules on environmental and historic preservation review, FCC applicants do not need to submit environmental assessments based only on potential impacts to historic properties when the parties have entered into a memorandum of agreement to mitigate effects on those properties. The Commission also adopted a Notice of Proposed Rulemaking that seeks comment on proposed rule changes regarding excavation or deployment outside the boundaries of an existing tower site and the effects of such activities on eligibility for streamlined review under section 6409(a). Page 2 The Honorable Larry Bucshon Again, I appreciate your support of the Commission s work in this area and your leadership on this matter. Please let me know if I can be of any further assistance. FEDERAL C OMMUNICATION S C OMMISSION WASHINGT ON OFFICE OF THE CHAIRM AN July 24, 2020 The Honorable Michael C. Burgess U.S. House of Representatives 2336 Rayburn House Office Building Washington, DC 20515 Dear Congressman Burgess: Thank you for your support of the "SG Upgrade Order," Declaratory Ruling and Notice of Proposed Rulemaking (Declaratory Ruling) in Docket 19-250. I appreciate your leadership on these issues and share your view that this Declaratory Ruling was a crucial next step in the FCC' s ongoing effort to remove regulatory barriers that inhibit the deployment of infrastructure critical to building SG networks. On June 9, the Federal Communications Commission took action in the Declaratory Ruling to facilitate the deployment of SG networks across America by clarifying and seeking comment on the Commission's rules regarding state and local government review of modifications to existing wireless infrastructure. Our action should expedite equipment upgrades to support next-generation networks, which are critical to wireless innovation, investment, jobs, and economic growth. This Declaratory Ruling is important because it provides industry and local governments with more certainty about when the streamlining requirements of section 6409(a) of the Spectrum Act of 2012 apply to modifications of existing wireless infrastructure. As you of course know, Congress enacted section 6409(a) to streamline state and local government review of certain requests to modify wireless transmission equipment on existing structures, and the Commission in 20 I 4 adopted rules to implement section 6409(a). Under this framework, a state or local government must approve within 60 days any request for modification of an existing structure that does not substantially change the physical dimensions of such structure. The Declaratory Ruling adopted on June 9 clarifies the Commission's 2014 rules with regard to when the 60-day shot clock for local review begins. The ruling also clarifies how certain aspects of proposed modifications- height increases, equipment cabinet additions, and impact on concealment elements and aesthetic conditions- affect eligibility for streamlined review under section 6409(a). Additionally, our action clarifies that under the Commission' s rules on environmental and historic preservation review, FCC applicants do not need to submit environmental assessments based only on potential impacts to historic properties when the parties have entered into a memorandum of agreement to mitigate effects on those properties. The Commission also adopted a Notice of Proposed Rulemaking that seeks comment on proposed rule changes regarding excavation or deployment outside the boundaries of an existing tower site and the effects of such activities on eligibility for streamlined review under section 6409(a). Page 2 The Honorable Michael C. Burgess Again, I appreciate your support of the Commission s work in this area and your leadership on this matter. Please let me know if I can be of any further assistance. FEDERAL COMMUNICATIONS COMMISSION W ASHINGTON OFF ICE OF THE CHAIRMAN July 24, 2020 The Honorable Earl L. Carter U.S. House of Representatives 432 Cannon House Office Building Washington, DC 20515 Dear Congressman Carter: Thank you for your support of the "SG Upgrade Order," Declaratory Ruling and Notice of Proposed Rulemaking (Declaratory Ruling) in Docket 19-250. I appreciate your leadership on these issues and share your view that this Declaratory Ruling was a crucial next step in the FCC's ongoing effort to remove regulatory barriers that inhibit the deployment of infrastructure critical to building 5G networks. On June 9, the Federal Communications Commission took action in the Declaratory Ruling to facilitate the deployment of 5G networks across America by clarifying and seeking comment on the Commission's rules regarding state and local government review of modifications to existing wireless infrastructure. Our action should expedite equipment upgrades to support next-generation networks, which are critical to wireless innovation, investment, jobs, and economic growth. This Declaratory Ruling is important because it provides industry and local governments with more certainty about when the streamlining requirements of section 6409(a) of the Spectrum Act of2012 apply to modifications of existing wireless infrastructure. As you of course know, Congress enacted section 6409(a) to streamline state and local government review of certain requests to modify wireless transmission equipment on existing structures, and the Commission in 2014 adopted rules to implement section 6409(a). Under this framework, a state or local government must approve within 60 days any request for modification of an existing structure that does not substantially change the physical dimensions of such structure. The Declaratory Ruling adopted on June 9 clarifies the Commission's 2014 rules with regard to when the 60-day shot clock for local review begins. The ruling also clarifies how certain aspects of proposed modifications-height increases, equipment cabinet additions, and impact on concealment elements and aesthetic conditions- affect eligibility for streamlined review under section 6409(a). Additionally, our action clarifies that under the Commission's rules on environmental and historic preservation review, FCC applicants do not need to submit " - # # Page 2 The Honorable Earl L. Carter Again, I appreciate your support of the Commission s work in this area and your leadership on this matter. Please let me know if I can be of any further assistance. FEDERAL C OMMUNICATIONS C OMMISSION WASHINGTON OFFICE OF THE CHAIRMAN July 24, 2020 The Honorable Jeff Duncan U.S. House of Representatives 2229 Rayburn House Office Building Washington, DC 20515 Dear Congressman Duncan: Thank you for your support of the "5G Upgrade Order," Declaratory Ruling and Notice of Proposed Rulemaking (Declaratory Ruling) in Docket 19-250. I appreciate your leadership on these issues and share your view that this Declaratory Ruling was a crucial next step in the FCC's ongoing effort to remove regulatory barriers that inhibit the deployment of infrastructure critical to building 5G networks. On June 9, the Federal Communications Commission took action in the Declaratory Ruling to facilitate the deployment of 5G networks across America by clarifying and seeking comment on the Commission's rules regarding state and local government review of modifications to existing wireless infrastructure. Our action should expedite equipment upgrades to support next-generation networks, which are critical to wireless innovation, investment, jobs, and economic growth. This Declaratory Ruling is important because it provides industry and local governments with more certainty about when the streamlining requirements of section 6409(a) of the Spectrum Act of 2012 apply to modifications of existing wireless infrastructure. As you of course know, Congress enacted section 6409(a) to streamline state and local government review of certain requests to modify wireless transmission equipment on existing structures, and the Commission in 2014 adopted rules to implement section 6409(a). Under this framework, a state or local government must approve within 60 days any request for modification of an existing structure that does not substantially change the physical dimensions of such structure. The Declaratory Ruling adopted on June 9 clarifies the Commission's 2014 rules with regard to when the 60-day shot clock for local review begins. The ruling also clarifies how certain aspects of proposed modifications- height increases, equipment cabinet additions, and impact on concealment elements and aesthetic conditions-affect eligibility for streamlined review under section 6409(a). Additionally, our action clarifies that under the Commission's rules on environmental and historic preservation review, FCC applicants do not need to submit environmental assessments based only on potential impacts to historic properties when the parties have entered into a memorandum of agreement to mitigate effects on those properties. The Commission also adopted a Notice of Proposed Rulemaking that seeks comment on proposed rule changes regarding excavation or deployment outside the boundaries of an existing tower site and the effects of such activities on eligibility for streamlined review under section 6409(a). Page 2 The Honorable Jeff Duncan Again, I appreciate your support of the Commission s work in this area and your leadership on this matter. Please let me know if I can be of any further assistance. FED E RAL COMMUNICAT IO NS C OMMISSION W ASHI N GTO N OFFICE OF THE CHAIRMAN July 24, 2020 The Honorable Bill Flores U.S. House of Representatives 2440 Rayburn House Office Building Washington, DC 20515 Dear Congressman Flores: Thank you for your support of the "5G Upgrade Order," Declaratory Ruling and Notice of Proposed Rulemaking (Declaratory Ruling) in Docket 19-250. I appreciate your leadership on these issues and share your view that this Declaratory Ruling was a crucial next step in the FCC's ongoing effort to remove regulatory barriers that inhibit the deployment of infrastructure critical to building 5G networks. On June 9, the Federal Communications Commission took action in the Declaratory Ruling to facilitate the deployment of 5G networks across America by clarifying and seeking comment on the Commission's rules regarding state and local government review of modifications to existing wireless infrastructure. Our action should expedite equipment upgrades to support next-generation networks, which are critical to wireless innovation, investment, jobs, and economic growth. This Declaratory Ruling is important because it provides industry and local governments with more certainty about when the streamlining requirements of section 6409(a) of the Spectrum Act of2012 apply to modifications of existing wireless infrastructure. As you of course know, Congress enacted section 6409(a) to streamline state and local government review of certain requests to modify wireless transmission equipment on existing structures, and the Commission in 2014 adopted rules to implement section 6409(a). Under this framework, a state or local government must approve within 60 days any request for modification of an existing structure that does not substantially change the physical dimensions of such structure. The Declaratory Ruling adopted on June 9 clarifies the Commission's 2014 rules with regard to when the 60-day shot clock for local review begins. The ruling also clarifies how certain aspects of proposed modifications- height increases, equipment cabinet additions, and impact on concealment elements and aesthetic conditions- affect eligibility for streamlined review under section 6409(a). Additionally, our action clarifies that under the Commission' s rules on environmental and historic preservation review, FCC applicants do not need to submit environmental assessments based only on potential impacts to historic properties when the parties have entered into a memorandum of agreement to mitigate effects on those properties. The Commission also adopted a Notice of Proposed Rulemaking that seeks comment on proposed rule changes regarding excavation or deployment outside the boundaries of an existing tower site and the effects of such activities on eligibility for streamlined review under section 6409(a). Page 2 The Honorable Bill Flores Again, I appreciate your support of the Commission s work in this area and your leadership on this matter. Please let me know if I can be of any further assistance. F EDERAL C OMM UNICATIONS C OMM ISSION WASH I NGT ON O FFICE OF THE C HAIR MAN July 24, 2020 The Honorable Morgan Griffith U.S. House of Representatives 2202 Rayburn House Office Building Washington, DC 20515 Dear Congressman Griffith: Thank you for your support of the "5G Upgrade Order," Declaratory Ruling and Notice of Proposed Rulemaking (Declaratory Ruling) in Docket 19-250. I appreciate your leadership on these issues and share your view that this Declaratory Ruling was a crucial next step in the FCC's ongoing effort to remove regulatory barriers that inhibit the deployment of infrastructure critical to building 5G networks. On June 9, the Federal Communications Commission took action in the Declaratory Ruling to facilitate the deployment of 5G networks across America by clarifying and seeking comment on the Commission' s rules regarding state and local government review of modifications to existing wireless infrastructure. Our action should expedite equipment upgrades to support next-generation networks, which are critical to wireless innovation, investment, jobs, and economic growth. This Declaratory Ruling is important because it provides industry and local governments with more certainty about when the streamlining requirements of section 6409(a) of the Spectrum Act of 2012 apply to modifications of existing wireless infrastructure. As you of course know, Congress enacted section 6409(a) to streamline state and local government review of certain requests to modify wireless transmission equipment on existing structures, and the Commission in 2014 adopted rules to implement section 6409(a). Under this framework, a state or local government must approve within 60 days any request for modification of an existing structure that does not substantially change the physical dimensions of such structure. The Declaratory Ruling adopted on June 9 clarifies the Commission's 2014 rules with regard to when the 60-day shot clock for local review begins. The ruling also clarifies how certain aspects of proposed modifications- height increases, equipment cabinet additions, and impact on concealment elements and aesthetic conditions-affect eligibility for streamlined review under section 6409(a). Additionally, our action clarifies that under the Commission's rules on environmental and historic preservation review, FCC applicants do not need to submit environmental assessments based only on potential impacts to historic properties when the parties have entered into a memorandum of agreement to mitigate effects on those properties. The Commission also adopted a Notice of Proposed Rulemaking that seeks comment on proposed rule changes regarding excavation or deployment outside the boundaries of an existing tower site and the effects of such activities on eligibility for streamlined review under section 6409(a). Page 2 The Honorable Morgan Griffith Again, I appreciate your support of the Commission s work in this area and your leadership on this matter. Please let me know if I can be of any further assistance. F EDER AL C OMMUNICATIONS C O M MISSION W AS HI NGT ON OFFICE OF TH E CHAI RMAN July 24, 2020 The Honorable Brett Guthrie U.S. House of Representatives 2434 Rayburn House Office Building Washington, DC 20515 Dear Congressman Guthrie: Thank you for your support of the "5G Upgrade Order," Declaratory Ruling and Notice of Proposed Rulemaking (Declaratory Ruling) in Docket 19-250. I appreciate your leadership on these issues and share your view that this Declaratory Ruling was a crucial next step in the FCC's ongoing effort to remove regulatory barriers that inhibit the deployment of infrastructure critical to building 5G networks. On June 9, the Federal Communications Commission took action in the Declaratory Ruling to facilitate the deployment of 5G networks across America by clarifying and seeking comment on the Commission' s rules regarding state and local government review of modifications to existing wireless infrastructure. Our action should expedite equipment upgrades to support next-generation networks, which are critical to wireless innovation, investment, jobs, and economic growth. This Declaratory Ruling is important because it provides industry and local governments with more certainty about when the streamlining requirements of section 6409(a) of the Spectrum Act of 2012 apply to modifications of existing wireless infrastructure. As you of course know, Congress enacted section 6409(a) to streamline state and local government review of certain requests to modify wireless transmission equipment on existing structures, and the Commission in 2014 adopted rules to implement section 6409(a). Under this framework, a state or local government must approve within 60 days any request for modification of an existing structure that does not substantially change the physical dimensions of such structure. The Declaratory Ruling adopted on June 9 clarifies the Commission's 2014 rules with regard to when the 60-day shot clock for local review begins. The ruling also clarifies how certain aspects of proposed modifications- height increases, equipment cabinet additions, and impact on concealment elements and aesthetic conditions- affect eligibility for streamlined review under section 6409(a). Additionally, our action clarifies that under the Commission's rules on environmental and historic preservation review, FCC applicants do not need to submit environmental assessments based only on potential impacts to historic properties when the parties have entered into a memorandum of agreement to mitigate effects on those properties. The Commission also adopted a Notice of Proposed Rulemaking that seeks comment on proposed rule changes regarding excavation or deployment outside the boundaries of an existing tower site and the effects of such activities on eligibility for streamlined review under section 6409(a). Page 2 The Honorable Brett Guthrie Again, I appreciate your support of the Commission s work in this area and your leadership on this matter. Please let me know if I can be of any further assistance. FEDERAL C OMMUNIC ATION S C OMMISSION W ASH I NGT ON O FFI C E OF T HE CHAIRMAN July 24, 2020 The Honorable Richard Hudson U.S. House of Representatives 429 Cannon House Office Building Washington, DC 20515 Dear Congressman Hudson: Thank you for your support of the "5G Upgrade Order," Declaratory Ruling and Notice of Proposed Rulemaking (Declaratory Ruling) in Docket 19-250. I appreciate your leadership on these issues and share your view that this Declaratory Ruling was a crucial next step in the FCC's ongoing effort to remove regulatory barriers that inhibit the deployment of infrastructure critical to building 5G networks. On June 9, the Federal Communications Commission took action in the Declaratory Ruling to facilitate the deployment of 5G networks across America by clarifying and seeking comment on the Commission's rules regarding state and local government review of modifications to existing wireless infrastructure. Our action should expedite equipment upgrades to support next-generation networks, which are critical to wireless innovation, investment, jobs, and economic growth. This Declaratory Ruling is important because it provides industry and local governments with more certainty about when the streamlining requirements of section 6409(a) of the Spectrum Act of 2012 apply to modifications of existing wireless infrastructure. As you of course know, Congress enacted section 6409(a) to streamline state and local government review of certain requests to modify wireless transmission equipment on existing structures, and the Commission in 2014 adopted rules to implement section 6409(a). Under this framework, a state or local government must approve within 60 days any request for modification of an existing structure that does not substantially change the physical dimensions of such structure. The Declaratory Ruling adopted on June 9 clarifies the Commission's 2014 rules with regard to when the 60-day shot clock for local review begins. The ruling also clarifies how certain aspects of proposed modifications- height increases, equipment cabinet additions, and impact on concealment elements and aesthetic conditions- affect eligibility for streamlined review under section 6409(a). Additionally, our action clarifies that under the Commission's rules on environmental and historic preservation review, FCC applicants do not need to submit environmental assessments based only on potential impacts to historic properties when the parties have entered into a memorandum of agreement to mitigate effects on those properties. The Commission also adopted a Notice of Proposed Rulemaking that seeks comment on proposed rule changes regarding excavation or deployment outside the boundaries of an existing tower site and the effects of such activities on eligibility for streamlined review under section 6409(a). Page 2 The Honorable Richard Hudson Again, I appreciate your support of the Commission s work in this area and your leadership on this matter. Please let me know if I can be of any further assistance. FEDER AL C OMM U NICAT IONS C OMM ISSION WASHI NGTON O FFIC E O F TH E CHA I R MAN July 24, 2020 The Honorable Bill Johnson U.S. House of Representatives 1710 Longworth House Office Building Washington, DC 20515 Dear Congressman Johnson: Thank you for your support of the "5G Upgrade Order," Declaratory Ruling and Notice of Proposed Rulemaking (Declaratory Ruling) in Docket 19-250. I appreciate your leadership on these issues and share your view that this Declaratory Ruling was a crucial next step in the FCC's ongoing effort to remove regulatory barriers that inhibit the deployment of infrastructure critical to building 5G networks. On June 9, the Federal Communications Commission took action in the Declaratory Ruling to facilitate the deployment of 5G networks across America by clarifying and seeking comment on the Commission's rules regarding state and local government review of modifications to existing wireless infrastructure. Our action should expedite equipment upgrades to support next-generation networks, which are critical to wireless innovation, investment, jobs, and economic growth. This Declaratory Ruling is important because it provides industry and local governments with more certainty about when the streamlining requirements of section 6409(a) of the Spectrum Act of 2012 apply to modifications of existing wireless infrastructure. As you of course know, Congress enacted section 6409(a) to streamline state and local government review of certain requests to modify wireless transmission equipment on existing structures, and the Commission in 2014 adopted rules to implement section 6409(a). Under this framework, a state or local government must approve within 60 days any request for modification of an existing structure that does not substantially change the physical dimensions of such structure. The Declaratory Ruling adopted on June 9 clarifies the Commission's 2014 rules with regard to when the 60-day shot clock for local review begins. The ruling also clarifies how certain aspects of proposed modifications-height increases, equipment cabinet additions, and impact on concealment elements and aesthetic conditions- affect eligibility for streamlined review under section 6409(a). Additionally, our action clarifies that under the Commission's rules on environmental and historic preservation review, FCC applicants do not need to submit environmental assessments based only on potential impacts to historic properties when the parties have entered into a memorandum of agreement to mitigate effects on those properties. The Commission also adopted a Notice of Proposed Rulemaking that seeks comment on proposed rule changes regarding excavation or deployment outside the boundaries of an existing tower site and the effects of such activities on eligibility for streamlined review under section 6409(a). Page 2 The Honorable Bill Johnson Again, I appreciate your support of the Commission s work in this area and your leadership on this matter. Please let me know if I can be of any further assistance. FEDERA L C OMMUNICATIO N S C OMMISSION WASHINGTON OFFICE OF THE CHAIRMAN July 24, 2020 The Honorable Adam Kinzinger U.S. House of Representatives 2245 Rayburn House Office Building Washington, DC 20515 Dear Congressman Kinzinger: Thank you for your support of the "SG Upgrade Order," Declaratory Ruling and Notice of Proposed Rulemaking (Declaratory Ruling) in Docket 19-250. I appreciate your leadership on these issues and share your view that this Declaratory Ruling was a crucial next step in the FCC's ongoing effort to remove regulatory barriers that inhibit the deployment of infrastructure critical to building 5G networks. On June 9, the Federal Communications Commission took action in the Declaratory Ruling to facilitate the deployment of 5G networks across America by clarifying and seeking comment on the Commission's rules regarding state and local government review of modifications to existing wireless infrastructure. Our action should expedite equipment upgrades to support next-generation networks, which are critical to wireless innovation, investment, jobs, and economic growth. This Declaratory Ruling is important because it provides industry and local governments with more certainty about when the streamlining requirements of section 6409(a) of the Spectrum Act of 2012 apply to modifications of existing wireless infrastructure. As you of course know, Congress enacted section 6409(a) to streamline state and local government review of certain requests to modify wireless transmission equipment on existing structures, and the Commission in 2014 adopted rules to implement section 6409(a). Under this framework, a state or local government must approve within 60 days any request for modification of an existing structure that does not substantially change the physical dimensions of such structure. The Declaratory Ruling adopted on June 9 clarifies the Commission's 2014 rules with regard to when the 60-day shot clock for local review begins. The ruling also clarifies how certain aspects of proposed modifications- height increases, equipment cabinet additions, and impact on concealment elements and aesthetic conditions- affect eligibility for streamlined review under section 6409(a). Additionally, our action clarifies that under the Commission's rules on environmental and historic preservation review, FCC applicants do not need to submit environmental assessments based only on potential impacts to historic properties when the parties have entered into a memorandum of agreement to mitigate effects on those properties. The Commission also adopted a Notice of Proposed Rulemaking that seeks comment on proposed rule changes regarding excavation or deployment outside the boundaries of an existing tower site and the effects of such activities on eligibility for streamlined review under section 6409(a). Page 2 The Honorable Adam Kinzinger Again, I appreciate your support of the Commission s work in this area and your leadership on this matter. Please let me know if I can be of any further assistance. F EDERAL C OMMUNICAT IO NS C OMMISSION W ASHINGT ON O FFIC E O F T H E CHAI R MAN July 24, 2020 The Honorable Bob Latta Ranking Member Committee on Energy and Commerce Subcommittee on Communications and Technology U.S. House of Representatives 2322A Rayburn House Office Building Washington, DC 20515 Dear Congressman Latta: Thank you for your support of the "5G Upgrade Order," Declaratory Ruling and Notice of Proposed Rulemaking (Declaratory Ruling) in Docket 19-250. I appreciate your leadership on these issues and share your view that this Declaratory Ruling was a crucial next step in the FCC's ongoing effort to remove regulatory barriers that inhibit the deployment of infrastructure critical to building 5G networks. On June 9, the Federal Communications Commission took action in the Declaratory Ruling to facilitate the deployment of 5G networks across America by clarifying and seeking comment on the Commission' s rules regarding state and local government review of modifications to existing wireless infrastructure. Our action should expedite equipment upgrades to support next-generation networks, which are critical to wireless innovation, investment, jobs, and economic growth. This Declaratory Ruling is important because it provides industry and local governments with more certainty about when the streamlining requirements of section 6409(a) of the Spectrum Act of 2012 apply to modifications of existing wireless infrastructure. As you of course know, Congress enacted section 6409(a) to streamline state and local government review of certain requests to modify wireless transmission equipment on existing structures, and the Commission in 2014 adopted rules to implement section 6409(a). Under this framework, a state or local government must approve within 60 days any request for modification of an existing structure that does not substantialJy change the physical dimensions of such structure. The Declaratory Ruling adopted on June 9 clarifies the Commission' s 2014 rules with regard to when the 60-day shot clock for local review begins. The ruling also clarifies how certain aspects of proposed modifications-height increases, equipment cabinet additions, and impact on concealment elements and aesthetic conditions-affect eligibility for streamlined review under section 6409(a). Additionally, our action clarifies that under the Commission's rules on environmental and historic preservation review, FCC applicants do not need to submit environmental assessments based only on potential impacts to historic properties when the parties have entered into a memorandum of agreement to mitigate effects on those properties. The Commission also adopted a Notice of Proposed Rulemaking that seeks comment on proposed rule changes regarding excavation or deployment outside the boundaries of an existing Page 2 The Honorable Bob Latta tower site and the effects of such activities on eligibility for streamlined review under section 6409(a). Again, I appreciate your support of the Commission s work in this area and your leadership on this matter. Please let me know if I can be of any further assistance. FEDE R A L COMMUNICATIONS COMMISSION W ASHINGT ON OFFI CE O F THE C HAIRMAN July 24, 2020 The Honorable Billy Long U.S. House of Representatives 2454 Rayburn House Office Building Washington, DC 20515 Dear Congressman Long: Thank you for your support of the "5G Upgrade Order," Declaratory Ruling and Notice of Proposed Rulemaking (Declaratory Ruling) in Docket 19-250. T appreciate your leadership on these issues and share your view that this Declaratory Ruling was a crucial next step in the FCC's ongoing effort to remove regulatory barriers that inhibit the deployment of infrastructure critical to building 5G networks. On June 9, the Federal Communications Commission took action in the Declaratory Ruling to facilitate the deployment of 5G networks across America by clarifying and seeking comment on the Commission's rules regarding state and local government review of modifications to existing wireless infrastructure. Our action should expedite equipment upgrades to support next-generation networks, which are critical to wireless innovation, investment, jobs, and economic growth. This Declaratory Ruling is important because it provides industry and local governments with more certainty about when the streamlining requirements of section 6409(a) of the Spectrum Act of2012 apply to modifications of existing wireless infrastructure. As you of course know, Congress enacted section 6409(a) to streamline state and local government review of certain requests to modify wireless transmission equipment on existing structures, and the Commission in 2014 adopted rules to implement section 6409(a). Under this framework, a state or local government must approve within 60 days any request for modification of an existing structure that does not substantially change the physical dimensions of such structure. The Declaratory Ruling adopted on June 9 clarifies the Commission's 2014 rules with regard to when the 60-day shot clock for local review begins. The ruling also clarifies how certain aspects of proposed modifications-height increases, equipment cabinet additions, and impact on concealment elements and aesthetic conditions-affect eligibility for streamlined review under section 6409(a). Additionally, our action clarifies that under the Commission's rules on environmental and historic preservation review, FCC applicants do not need to submit environmental assessments based only on potential impacts to historic properties when the parties have entered into a memorandum of agreement to mitigate effects on those properties. The Commission also adopted a Notice of Proposed Rulemaking that seeks comment on proposed rule changes regarding excavation or deployment outside the boundaries of an existing tower site and the effects of such activities on eligibility for streamlined review under section 6409(a). Page 2 The Honorable Billy Long Again, I appreciate your support of the Commission s work in this area and your leadership on this matter. Please let me know if I can be of any further assistance. FEDERA L C OMMUNICATIO N S COMM ISSION WAS HINGTON OFFICE OF THE CHAIRMAN July 24, 2020 The Honorable David B. McKinley U.S. House of Representatives 2239 Rayburn House Office Building Washington~ DC 20515 Dear Congressman McKinley: Thank you for your support of the "5G Upgrade Order," Declaratory Ruling and Notice of Proposed Rulemaking (Declaratory Ruling) in Docket 19-250. I appreciate your leadership on these issues and share your view that this Declaratory Ruling was a crucial next step in the FCC's ongoing effort to remove regulatory barriers that inhibit the deployment of infrastructure critical to building 5G networks. On June 9, the Federal Communications Commission took action in the Declaratory Ruling to facilitate the deployment of 5G networks across America by clarifying and seeking comment on the Commission's rules regarding state and local government review of modifications to existing wireless infrastructure. Our action should expedite equipment upgrades to support next-generation networks, which are critical to wireless innovation, investment, jobs, and economic growth. This Declaratory Ruling is important because it provides industry and local governments with more certainty about when the streamlining requirements of section 6409(a) of the Spectrum Act of 2012 apply to modifications of existing wireless infrastructure. As you of course know, Congress enacted section 6409(a) to streamline state and local government review of certain requests to modify wireless transmission equipment on existing structures, and the Commission in 2014 adopted rules to implement section 6409(a). Under this framework, a state or local government must approve within 60 days any request for modification of an existing structure that does not substantially change the physical dimensions of such structure. The Declaratory Ruling adopted on June 9 clarifies the Commission's 2014 rules with regard to when the 60-day shot clock for local review begins. The ruling also clarifies how certain aspects of proposed modifications-height increases, equipment cabinet additions, and impact on concealment elements and aesthetic conditions- affect eligibility for streamlined review under section 6409(a). Additionally, our action clarifies that under the Commission's rules on environmental and historic preservation review, FCC applicants do not need to submit environmental assessments based only on potential impacts to historic properties when the parties have entered into a memorandum of agreement to mitigate effects on those properties. The Commission also adopted a Notice of Proposed Rulemaking that seeks comment on proposed rule changes regarding excavation or deployment outside the boundaries of an existing tower site and the effects of such activities on eligibility for streamlined review under section 6409(a). Page 2 The Honorable David B. McKinley Again, I appreciate your support of the Commission s work in this area and your leadership on this matter. Please let me know if I can be of any further assistance. FEDERA L C OM M U NICATIO NS COM M ISSIO N WAS HI NGTO N OFFI CE OF T H E C H AIRMAN July 24, 2020 The Honorable Markwayne Mullin U.S. House of Representatives 1113 Longworth House Office Building Washington, DC 20515 Dear Congressman Mullin: Thank you for your support of the "5G Upgrade Order," Declaratory Ruling and Notice of Proposed Rulemaking (Declaratory Ruling) in Docket 19-250. I appreciate your leadership on these issues and share your view that this Declaratory Ruling was a crucial next step in the FCC' s ongoing effort to remove regulatory barriers that inhibit the deployment of infrastructure critical to building 5G networks. On June 9, the Federal Communications Commission took action in the Declaratory Ruling to facilitate the deployment of 5G networks across America by clarifying and seeking comment on the Commission's rules regarding state and local government review of modifications to existing wireless infrastructure. Our action should expedite equipment upgrades to support next-generation networks, which are critical to wireless innovation, investment, jobs, and economic growth. This Declaratory Ruling is important because it provides industry and local governments with more certainty about when the streamlining requirements of section 6409(a) of the Spectrum Act of 2012 apply to modifications of existing wireless infrastructure. As you of course know, Congress enacted section 6409(a) to streamline state and local government review of certain requests to modify wireless transmission equipment on existing structures, and the Commission in 2014 adopted rules to implement section 6409(a). Under this framework, a state or local government must approve within 60 days any request for modification of an existing structure that does not substantially change the physical dimensions of such structure. The Declaratory Ruling adopted on June 9 clarifies the Commission's 2014 rules with regard to when the 60-day shot clock for local review begins. The ruling also clarifies how certain aspects of proposed modifications- height increases, equipment cabinet additions, and impact on concealment elements and aesthetic conditions- affect eligibility for streamlined review under section 6409(a). Additionally, our action clarifies that under the Commission's rules on environmental and historic preservation review, FCC applicants do not need to submit environmental assessments based only on potential impacts to historic properties when the parties have entered into a memorandum of agreement to mitigate effects on those properties. The Commission also adopted a Notice of Proposed Rulemaking that seeks comment on proposed rule changes regarding excavation or deployment outside the boundaries of an existing tower site and the effects of such activities on eligibility for streamlined review under section 6409(a). Page 2 The Honorable Markwayne Mullin Again, I appreciate your support of the Commission s work in this area and your leadership on this matter. Please let me know if I can be of any further assistance. F ED E RAL C OMMUNICATIONS C OMM ISSION WASHINGTON O FFICE OF TH E CHAIRMAN July 24, 2020 The Honorable Pete Olson U.S. House of Representatives 2133 Rayburn House Office Building Washington, DC 205 15 Dear Congressman Olson: Thank you for your support of the "SG Upgrade Order," Declaratory Ruling and Notice of Proposed Rulemaking (Declaratory Ruling) in Docket 19-250. T appreciate your leadership on these issues and share your view that this Declaratory Ruling was a crucial next step in the FCC's ongoing effort to remove regulatory barriers that inhibit the deployment of infrastructure critical to building 5G networks. On June 9, the Federal Communications Commission took action in the Declaratory Ruling to facilitate the deployment of 5G networks across America by clarifying and seeking comment on the Commission' s rules regarding state and local government review of modifications to existing wireless infrastructure. Our action should expedite equipment upgrades to support next-generation networks, which are critical to wireless innovation, investment, jobs, and economic growth. This Declaratory Ruling is important because it provides industry and local governments with more certainty about when the streamlining requirements of section 6409(a) of the Spectrum Act of 2012 apply to modifications of existing wireless infrastructure. As you of course know, Congress enacted section 6409(a) to streamline state and local government review of certain requests to modify wireless transmission equipment on existing structures, and the Commission in 2014 adopted rules to implement section 6409(a). Under this framework, a state or local government must approve within 60 days any request for modification of an existing structure that does not substantially change the physical dimensions of such structure. The Declaratory Ruling adopted on June 9 clarifies the Commission's 2014 rules with regard to when the 60-day shot clock for local review begins. The ruling also clarifies how certain aspects of proposed modifications- height increases, equipment cabinet additions, and impact on concealment elements and aesthetic conditions- affect eligibility for streamlined review under section 6409(a). Additionally, our action clarifies that under the Commission's rules on environmental and historic preservation review, FCC applicants do not need to submit environmental assessments based only on potential impacts to historic properties when the parties have entered into a memorandum of agreement to mitigate effects on those properties. The Commission also adopted a Notice of Proposed Rulemaking that seeks comment on proposed rule changes regarding excavation or deployment outside the boundaries of an existing tower site and the effects of such activities on eligibility for streamlined review under section 6409(a). Page 2 The Honorable Pete Olson Again, I appreciate your support of the Commission s work in this area and your leadership on this matter. Please let me know if I can be of any further assistance. FEDERAL COMMUNICATIONS COMMISSION WASHINGTON O F F ICE OF THE CHAI RMAN July 24, 2020 The Honorable Cathy McMorris Rodgers U.S. House of Representatives 1314 Longworth House Office Building Washington, DC 20515 Dear Congresswoman McMorris Rodgers: Thank you for your support of the "5G Upgrade Order," Declaratory Ruling and Notice of Proposed Rulemaking (Declaratory Ruling) in Docket 19-250. I appreciate your leadership on these issues and share your view that this Declaratory Ruling was a crucial next step in the FCC's ongoing effort to remove regulatory barriers that inhibit the deployment of infrastructure critical to building 5G networks. On June 9, the Federal Communications Commission took action in the Declaratory Ruling to facilitate the deployment of 5G networks across America by clarifying and seeking comment on the Commission's rules regarding state and local government review of modifications to existing wireless infrastructure. Our action should expedite equipment upgrades to support next-generation networks, which are critical to wireless innovation, investment, jobs, and economic growth. This Declaratory Ruling is important because it provides industry and local governments with more certainty about when the streamlining requirements of section 6409(a) of the Spectrum Act of 2012 apply to modifications of existing wireless infrastructure. As you of course know, Congress enacted section 6409(a) to streamline state and local government review of certain requests to modify wireless transmission equipment on existing structures, and the Commission in 2014 adopted rules to implement section 6409(a). Under this framework, a state or local government must approve within 60 days any request for modification of an existing structure that does not substantially change the physical dimensions of such structure. The Declaratory Ruling adopted on June 9 clarifies the Commission' s 2014 rules with regard to when the 60-day shot clock for local review begins. The ruling also clarifies how certain aspects of proposed modifications- height increases, equipment cabinet additions, and impact on concealment elements and aesthetic conditions- affect eligibility for streamlined review under section 6409(a). Additionally, our action clarifies that under the Commission' s rules on environmental and historic preservation review, FCC applicants do not need to submit environmental assessments based only on potential impacts to historic properties when the parties have entered into a memorandum of agreement to mitigate effects on those properties. The Commission also adopted a Notice of Proposed Rulemaking that seeks comment on proposed rule changes regarding excavation or deployment outside the boundaries of an existing tower site and the effects of such activities on eligibility for streamlined review under section 6409(a). Page 2 The Honorable Cathy McMorris Rodgers Again, I appreciate your support of the Commission s work in this area and your leadership on this matter. Please let me know if I can be of any further assistance. F EDERAL C OM MUNICATIO N S C O MMISSI O N WASHINGTON O FFICE OF T H E C H AIRMAN July 24, 2020 The Honorable Steve Scalise U.S. House of Representatives 2049 Rayburn House Office Building Washington. DC 20515 Dear Congressman Scalise: Thank you for your support of the "5G Upgrade Order," Declaratory Ruling and Notice of Proposed Rulemaking (Declaratory Ruling) in Docket 19-250. l appreciate your leadership on these issues and share your view that this Declaratory Ruling was a crucial next step in the FCC's ongoing effort to remove regulatory barriers that inhibit the deployment of infrastructure critical to building 5G networks. On June 9, the Federal Communications Commission took action in the Declaratory Ruling to facilitate the deployment of 5G networks across America by clarifying and seeking comment on the Commission's rules regarding state and local government review of modifications to existing wireless infrastructure. Our action should expedite equipment upgrades to support next-generation networks, which are critical to wireless innovation, investment, jobs, and economic growth. This Declaratory Ruling is important because it provides industry and local governments with more certainty about when the streamlining requirements of section 6409(a) of the Spectrum Act of 2012 apply to modifications of existing wireless infrastructure. As you of course know, Congress enacted section 6409(a) to streamline state and local government review of certain requests to modify wireless transmission equipment on existing structures, and the Commission in 2014 adopted rules to implement section 6409(a). Under this framework, a state or local government must approve within 60 days any request for modification of an existing structure that does not substantially change the physical dimensions of such structure. The Declaratory Ruling adopted on June 9 clarifies the Commission's 2014 rules with regard to when the 60-day shot clock for local review begins. The ruling also clarifies how certain aspects of proposed modifications- height increases, equipment cabinet additions, and impact on concealment elements and aesthetic conditions- affect eligibility for streamlined review under section 6409(a). Additionally, our action clarifies that under the Commission's rules on environmental and historic preservation review, FCC applicants do not need to submit environmental assessments based only on potential impacts to historic properties when the parties have entered into a memorandum of agreement to mitigate effects on those properties. The Commission also adopted a Notice of Proposed Rulemaking that seeks comment on proposed rule changes regarding excavation or deployment outside the boundaries of an existing tower site and the effects of such activities on eligibility for streamlined review under section 6409(a). Page 2 The Honorable Steve Scalise Again, I appreciate your support of the Commission s work in this area and your leadership on this matter. Please let me know if I can be of any further assistance. F E DERAL COMMUNICA TION S COMMISSION W ASH I NGT ON O FFICE O F THE CHAI R MAN July 24, 2020 The Honorable John Shimkus U.S. House of Representatives 2217 Rayburn House Office Building Washington, DC 20515 Dear Congressman Shimkus: Thank you for your support of the "5G Upgrade Order," Declaratory Ruling and Notice of Proposed Rulemaking (Declaratory Ruling) in Docket 19-250. I appreciate your leadership on these issues and share your view that this Declaratory Ruling was a crucial next step in the FCC's ongoing effort to remove regulatory barriers that inhibit the deployment of infrastructure critical to building 5G networks. On June 9, the Federal Communications Commission took action in the Declaratory Ruling to facilitate the deployment of 5G networks across America by clarifying and seeking comment on the Commission's rules regarding state and local government review of modifications to existing wireless infrastructure. Our action should expedite equipment upgrades to support next-generation networks, which are critical to wireless innovation, investment, jobs, and economic growth. This Declaratory Ruling is important because it provides industry and local governments with more certainty about when the streamlining requirements of section 6409(a) of the Spectrum Act of2012 apply to modifications of existing wireless infrastructure. As you of course know, Congress enacted section 6409(a) to streamline state and local government review of certain requests to modify wireless transmission equipment on existing structures, and the Commission in 2014 adopted rules to implement section 6409(a). Under this framework, a state or local government must approve within 60 days any request for modification of an existing structure that does not substantially change the physical dimensions of such structure. The Declaratory Ruling adopted on June 9 clarifies the Commission's 2014 rules with regard to when the 60-day shot clock for local review begins. The ruling also clarifies how certain aspects of proposed modifications-height increases, equipment cabinet additions, and impact on concealment elements and aesthetic conditions- affect eligibility for streamlined review under section 6409(a). Additionally, our action clarifies that under the Commission's rules on environmental and historic preservation review, FCC applicants do not need to submit environmental assessments based only on potential impacts to historic properties when the parties have entered into a memorandum of agreement to mitigate effects on those properties. The Commission also adopted a Notice of Proposed Rulemaking that seeks comment on proposed rule changes regarding excavation or deployment outside the boundaries of an existing tower site and the effects of such activities on eligibility for streamlined review under section 6409(a). Page 2 The Honorable John Shimkus Again, I appreciate your support of the Commission s work in this area and your leadership on this matter. Please let me know if I can be of any further assistance. FEDERAL C OMMUN ICAT IONS C O M M ISSION WAS H I NGT ON O FFI CE OF TH E CHAIRMAN July 24, 2020 The Honorable Fred Upton U.S. House of Representatives 2183 Rayburn House Office Building Washington, DC 20515 Dear Congressman Upton: Thank you for your support of the "SG Upgrade Order," Declaratory Ruling and Notice of Proposed Rulemaking (Declaratory Ruling) in Docket 19-250. I appreciate your leadership on these issues and share your view that this Declaratory Ruling was a crucial next step in the FCC's ongoing effort to remove regulatory barriers that inhibit the deployment of infrastructure critical to building 5G networks. On June 9, the Federal Communications Commission took action in the Declaratory Ruling to facilitate the deployment of 5G networks across America by clarifying and seeking comment on the Commission's rules regarding state and local government review of modifications to existing wireless infrastructure. Our action should expedite equipment upgrades to support next-generation networks, which are critical to wireless innovation, investment, jobs, and economic growth. This Declaratory Ruling is important because it provides industry and local governments with more certainty about when the streamlining requirements of section 6409(a) of the Spectrum Act of 2012 apply to modifications of existing wireless infrastructure. As you of course know, Congress enacted section 6409(a) to streamline state and local government review of certain requests to modify wireless transmission equipment on existing structures, and the Commission in 2014 adopted rules to implement section 6409(a). Under this framework, a state or local government must approve within 60 days any request for modification of an existing structure that does not substantially change the physical dimensions of such structure. The Declaratory Ruling adopted on June 9 clarifies the Commission's 2014 rules with regard to when the 60-day shot clock for local review begins. The ruling also clarifies how certain aspects of proposed modifications- height increases, equipment cabinet additions, and impact on concealment elements and aesthetic conditions- affect eligibility for streamlined review under section 6409(a). Additionally, our action clarifies that under the Commission' s rules on environmental and historic preservation review, FCC applicants do not need to submit environmental assessments based only on potential impacts to historic properties when the parties have entered into a memorandum of agreement to mitigate effects on those properties. The Commission also adopted a Notice of Proposed Rulemaking that seeks comment on proposed rule changes regarding excavation or deployment outside the boundaries of an existing tower site and the effects of such activities on eligibility for streamlined review under section 6409(a). Page 2 The Honorable Fred Upton Again, I appreciate your support of the Commission s work in this area and your leadership on this matter. Please let me know if I can be of any further assistance. FEDERAL COMMU NICAT IONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN July 24, 2020 The Honorable Tim Walberg U.S. House of Representatives 2266 Rayburn House Office Building Washington, DC 20515 Dear Congressman Walberg: Thank you for your support of the "5G Upgrade Order," Declaratory Ruling and Notice of Proposed Rulemaking (Declaratory Ruling) in Docket 19-250. I appreciate your leadership on these issues and share your view that this Declaratory Ruling was a crucial next step in the FCC's ongoing effort to remove regulatory barriers that inhibit the deployment of infrastructure critical to building 5G networks. On June 9, the Federal Communications Commission took action in the Declaratory Ruling to facilitate the deployment of SG networks across America by clarifying and seeking comment on the Commission's rules regarding state and local government review of modifications to existing wireless infrastructure. Our action should expedite equipment upgrades to support next-generation networks, which are critical to wireless innovation, investment, jobs, and economic growth. This Declaratory Ruling is important because it provides industry and local governments with more certainty about when the streamlining requirements of section 6409(a) of the Spectrum Act of 2012 apply to modifications of existing wireless infrastructure. As you of course know, Congress enacted section 6409(a) to streamline state and local government review of certain requests to modify wireless transmission equipment on existing structures, and the Commission in 2014 adopted rules to implement section 6409(a). Under this framework, a state or local government must approve within 60 days any request for modification of an existing structure that does not substantially change the physical dimensions of such structure. The Declaratory Ruling adopted on June 9 clarifies the Commission's 2014 rules with regard to when the 60-day shot clock for local review begins. The ruling also clarifies how certain aspects of proposed modifications- height increases, equipment cabinet additions, and impact on concealment elements and aesthetic conditions-affect eligibility for streamlined review under section 6409(a). Additionally, our action clarifies that under the Commission' s rules on environmental and historic preservation review, FCC applicants do not need to submit environmental assessments based only on potential impacts to historic properties when the parties have entered into a memorandum of agreement to mitigate effects on those properties. The Commission also adopted a Notice of Proposed Rulemaking that seeks comment on proposed rule changes regarding excavation or deployment outside the boundaries of an existing tower site and the effects of such activities on eligibility for streamlined review under section 6409(a). Page 2 The Honorable Tim Walberg Again, I appreciate your support of the Commission s work in this area and your leadership on this matter. Please let me know if I can be of any further assistance. FEDERA L C OMMU N ICATION S C OM M IS SION WASHINGT O N OFF ICE O F T H E C HAI RMAN July 24, 2020 The Honorable Greg Walden Ranking Member Committee on Energy and Commerce U.S. House of Representatives 2322A Rayburn House Office Building Washington, DC 20515 Dear Congressman Walden: Thank you for your support of the "5G Upgrade Order," Declaratory Ruling and Notice of Proposed Rulemaking (Declaratory Ruling) in Docket 19-250. I appreciate your leadership on these issues and share your view that this Declaratory Ruling was a crucial next step in the FCC's ongoing effort to remove regulatory barriers that inhibit the deployment ofinfrastructure critical to building 5G networks. On June 9, the Federal Communications Commission took action in the Declaratory Ruling to facilitate the deployment of 5G networks across America by clarifying and seeking comment on the Commission's rules regarding state and local government review of modifications to existing wireless infrastructure. Our action should expedite equipment upgrades to support next-generation networks, which are critical to wireless innovation, investment, jobs, and economic growth. This Declaratory Ruling is important because it provides industry and local governments with more certainty about when the streamlining requirements of section 6409(a) of the Spectrum Act of 2012 apply to modifications of existing wireless infrastructure. As you of course know, Congress enacted section 6409(a) to streamline state and local government review of certain requests to modify wireless transmission equipment on existing structures, and the Commission in 2014 adopted rules to implement section 6409(a). Under this framework, a state or local government must approve within 60 days any request for modification of an existing structure that does not substantially change the physical dimensions of such structure. The Declaratory Ruling adopted on June 9 clarifies the Commission's 2014 rules with regard to when the 60-day shot clock for local review begins. The ruling also clarifies how certain aspects of proposed modifications- height increases, equipment cabinet additions, and impact on concealment elements and aesthetic conditions- affect eligibility for streamlined review under section 6409(a). Additionally, our action clarifies that under the Commission's rules on environmental and historic preservation review, FCC applicants do not need to submit environmental assessments based only on potential impacts to historic properties when the parties have entered into a memorandum of agreement to mitigate effects on those properties. The Commission also adopted a Notice of Proposed Rulemaking that seeks comment on proposed rule changes regarding excavation or deployment outside the boundaries of an existing Page 2 The Honorable Greg Walden tower site and the effects of such activities on eligibility for streamlined review under section 6409(a). Again, I appreciate your support of the Commission s work in this area and your leadership on this matter. Please let me know if I can be of any further assistance.