This is the second article in a two-part discussion of recent actions of the Federal Communications Commission’s (FCC) directed at promoting  wireless technology deployment related to Section 6409(a) of the 2012 Middle Class Tax Relief and Job Creation Act and the FCC 2014 Order interpreting  same. 47 CFR §1.6100.

In a nutshell, Section 6409(a) provides that “a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.” 47 U.S.C. §1455(a)(1). In this article, we will provide an overview of two more recent FCC Orders that clarify the law regarding the 2014 Order and Section 6409(a).