Remarks of FCC Commissioner Ajit Pai at PCIA's 2014 Wireless Infrastructure Show

The mobile experience itself will change in a big way. Consumers will use the airwaves almost as seamlessly as they breathe the air. Speeds and capacities are going to have to increase significantly to meet these demands.

That’s where infrastructure comes in. Carriers are upgrading their networks to support the latest 4G technologies. They’re looking to add capacity by densifying their networks and deploying a variety of small-scale technologies, including microcells, picocells, and distributed antenna systems (or DAS).

What’s holding us back? As you know all too well, regulations can make it tough to deploy infrastructure -- tougher than being a boy named Sue. Byzantine state and local rules often make it impossible to make even minor modifications to wireless facilities. In some cases, municipalities are applying a one-size-fits-all review process. That’s why one of my priorities since I joined the FCC has been removing barriers to infrastructure investment.

So where can we start? First, I propose we make it easier to deploy small cells and DAS. We should modernize our rules and exempt DAS from our environmental processing requirements, except for those involving RF emissions. Given their size and appearance, I believe that DAS meet this standard.

Second, I propose to make clear that local moratoriums on the approval of new wireless infrastructure violate section 332(c)(7) of the Communications Act. At a minimum, the FCC should make it clear that a moratorium is not a loophole that localities can sneak through to avoid the limits of section 332(c)(7).

Third, I call on the FCC to build on its wireless facilities “shot clock”3 to further reduce delays and ease the construction of new networks. The FCC needs to bring down the gavel if a local government does not act on a wireless facilities application by the end of our shot clock deadlines. Similarly, we should clarify that our shot clock does apply to DAS.

In my view, the law is clear: Denial of eligible requests is not an option. Establishing a deemed-grant remedy with a relatively short fuse -- say, 30 days -- should be effective at keeping everyone on track.