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Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
they claim will help achieve the Commissions goal of improved broadband availability. However, these alternativeswhich the Municipal Organizations provide in the context of arguing that the Commission lacks authority to promulgate its revisions are beyond the scope of this proceeding.
In addition, these alternatives are not mutually exclusive with the actions that the Commission takes in the Report and Order.
63. Moreover, with regard to some of the concerns raised by the Municipal Organizations, the Commission emphasizes that, while the Report and Order removes the primary use restriction on fixed wireless hub and relay antennas, it maintains the other existing OTARD restrictions. For the OTARD rule to apply, the antenna must be installed on property within the exclusive use or control of the antenna user where the user has a direct or indirect ownership or leasehold interest in the property upon which the antenna is located. Further, the OTARD
provisions apply only to those antennas measuring one meter or less in diameter or diagonal measurement. In addition, the OTARD rule is subject to an exception for State, local, or private restrictions that are necessary to accomplish a clearly defined, legitimate safety objective, or to preserve prehistoric or historic places that are eligible for inclusion on the National Register of Historic Places, provided such restrictions impose as little burden as necessary to achieve the foregoing objectives, and apply in a nondiscriminatory manner throughout the regulated area. Given that the Report and Order preserves the restrictions on the physical dimensions and location of equipment, the rule revisions will minimize any potential visual impact on properties, which some commenters raise. The hub and relay equipment installed will resemble the equipment already covered under the OTARD rule.
64. Finally, the Report and Order continues to recognize property owners rights under the OTARD rule. Because it maintains the exclusive use or control and direct or indirect ownership or leasehold interest restrictions, fixed wireless service providers will still need to negotiate agreements with appropriate parties for the placement of their antennas. In addition, fixed wireless hub and relay antenna manufacturers and service providers that use this equipment must continue to comply with other applicable Commission regulations, such as mast and RF emissions requirements. This places hub and relay antennas under the same kinds of
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restrictions as other equipment subject to OTARD protections. Localities and property owners can continue to rely on these provisions for their protection.
Accordingly, the Commissions actions in the Report and Order removing the restriction on fixed wireless hub and relay antennas while retaining the other existing OTARD restrictions, strikes the appropriate balance to minimize the economic impact for fixed wireless providers, localities and property owners who are small entities.

Subpart SPreemption of Restrictions That Impair the Ability To Receive Television Broadcast Signals, Direct Broadcast Satellite Services, or Multichannel Multipoint Distribution Services or the Ability To Receive or Transmit Fixed Wireless Communications Signals 1. The authority citation for part 1
continues to read as follows:

Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28
U.S.C. 2461, unless otherwise noted.

Ordering Clauses 65. Accordingly, it is ordered, pursuant to sections 1, 4i, 201b, 202a, 205, 251, 253, 303, 316, 332, and 1302 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154i, 201b, 202a, 205a, 251, 253, 303, 316, 332, and 1302 and section 207 of the Telecommunications Act of 1996, Public Law 104104, 207, 110 Stat. 56, 114 that this Report and Order is adopted.
66. It is further ordered that section 1.4000 of the Commissions rules is amended as specified in the Final Rules, and such rule amendments shall be effective 30 days after the date of publication of the text thereof in the Federal Register.
67. It is further ordered that the Commissions Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Report and Order, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 1
Administrative practice and procedures, Communications equipment, Telecommunications.
Federal Communications Commission.
Marlene Dortch, Secretary.

Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 1 as follows:

PO 00000

PART 1PRACTICE AND
PROCEDURE

2. Amend 1.4000 by revising paragraphs a1iA and iiA and adding paragraph a5 to read as follows:

1.4000 Restrictions impairing reception of television broadcast signals, direct broadcast satellite services or multichannel multipoint distribution services.

a1
i
A Used to receive direct broadcast satellite service, including direct-tohome satellite service, or to receive or transmit fixed wireless signals via satellite, including a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services, and

ii
A Used to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite, including a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services, and

5 For purposes of this section, hub or relay antenna means any antenna that is used to receive or transmit fixed wireless signals for the distribution of fixed wireless services to multiple customer locations as long as the antenna serves a customer on whose premises it is located, but excludes any hub or relay antenna that is used to provide any telecommunications services or services that are provided on a commingled basis with telecommunications services.

FR Doc. 202101304 Filed 22421; 8:45 am BILLING CODE 671201P

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