The FCC must bring its rules for backup power at cell sites back to the drawing board, a federal appeals court said yesterday.
The new idea last year seemed benign – the FCC would require backup power to be available for 24 hours at central sites and 8 hours for towers – to prevent communications failures in case of another emergency such as the Sept. 11, 2001, attacks or Hurricane Katrina. “It is well-documented that there is a deficiency in this area,” said spokesman Robert Kenny.
The CTIA, Sprint Nextel and others sued, asserting the rules would require backup power in tight, urban locations and would be a financial burden.
The FCC previously offered a compromise to carriers, saying there can be exemptions wherever it’s impossible or unsafe to install generations or alternative backup power sources. But the FCC never presented its rules to the federal Office of Management and Budget, which is required by law. So until that happens, the rules cannot be enforced, the court said.
“We are studying the court’s ruling, and we are considering next steps,” Kenny said.
“We are pleased with the court’s decision to keep the stay in place while the FCC completes its work on this item,” CTIA spokesman Joe Farren told the Associated Press.
“In general, backup power is a good idea” for the nation’s 40,000 cell sites,” said Roger Entner, Nielsen/IAG analyst. Concerns about space and safety are valid although some companies such as Verizon Wireless already include backup power whenever possible, he said. As long as the FCC can illustrate public benefit, it will win, he said. “The FCC has really broad decision-making powers. The end effect of any decision against the FCC is a delay.”