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B-331583 1 (2019-11-20)

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G &0 U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-331583


November  20, 2019

The Honorable Roger Wicker
Chairman
The Honorable Maria Cantwell
Ranking Member
Committee  on Commerce, Science, and Transportation
United States Senate

The Honorable Frank Pallone, Jr.
Chairman
The Honorable Greg Walden
Ranking Member
Committee  on Energy and Commerce
House  of Representative

Subject: Federal Communications Commission: Accelerating Wireless Broadband Deployment
        by Removing Barriers to Infrastructure Investment

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Federal Communications Commission (Commission) entitled Accelerating
Wireless Broadband Deployment by Removing  Barriers to Infrastructure Investment (WT
Docket No. 17-79). We received the rule on October 25, 2019. It was published in the Federal
Register as a final rule on November 5, 2019. 84 Fed. Reg. 59567. The effective date of the
rule is December 5, 2019.

The final rule repeals a section of the Commission's rules implementing the small wireless
facilities exemption and deletes a cross-reference to that section contained elsewhere in the
Commission's rules.

The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major
rule from the date of publication in the Federal Register or receipt of the rule by Congress,
whichever is later. 5 U.S.C. § 801(a)(3)(A). The 60-day delay in effective date can be waived,
however, if the agency finds for good cause that delay is impracticable, unnecessary, or
contrary to the public interest, and the agency incorporates a statement of the findings and its
reasons in the rule issued. 5 U.S.C. § 808(2). Here, the Commission identified good cause to
waive the 60-day delay because, according to the Commission, this ministerial order merely
implements the mandate of the United States Court of Appeals for the District of Columbia
Circuit, and the Commission lacks discretion to depart from this mandate.

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