Expanding the availability of broadband internet service is among the hottest telecommunications policy topics of the day, especially as the federal and state governments funnel billions of dollars toward more deployment and higher speeds. Last week the D.C. Circuit upheld an FCC rule aimed at that goal, which allows commercial-grade wireless internet antennas in residential areas, a move sought by wireless internet providers.
As technology has changed over time, the FCC has adopted and amended its rules that allow antennas to be placed on private dwellings. The original 1996 regulation allowed for installation of antennas on private property to receive services like satellite and cable television, and preempted state and local restrictions. A 2004 amendment allowed such antennas to serve multiple customers in a single location, provided the antennas were not used primarily as “hubs for the distribution of service.” And in 2021, the FCC amended the rule to allow such antennas to be used as hubs for the distribution of service, paving the way for commercial-grade equipment for, among other things, wireless internet service. Children’s Health Defense (CHD) and others appealed, concerned about the health effects of such antennas on nearby residents with radiofrequency sensitivity. The court’s decision, however, deals mainly with fine legal points of rejecting CHD’s challenges. Children’s Health Defense v. FCC, No. 21-1075 (D.C. Cir. Feb. 11, 2022).