New York City has firmly stated its commitment to the goal of accelerating the deployment of 5G. Toward that end, the NYC Department of Buildings (DOB) recently issued a Bulletin clarifying Technical Policy and Procedure Notice (TPPN) 5 of 1998 regarding the siting of wireless facilities on buildings and structures. The DOB made clarifications that the wireless industry sought on the scope of zoning exemptions in New York City, which will facilitate new sites and modifications for 5G deployment. Importantly, issuing this bulletin demonstrates that the NYC DOB has recognized the wireless industry’s federal rights under Section 6409 to obtain permits without the need for discretionary zoning approvals.

Cuddy & Feder’s Telecommunications Practice made significant contributions to this important achievement for the industry through advocacy for clients on Board of Standards and Appeals appeals, DOB filings/interpretations and preparation of written comments on the draft Bulletin.

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