The shot clock is a deadline, not an automatic approval

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If you've reviewed a wireless application, you've probably heard about the shot clock within the first week. Carriers use it to push for quick decisions. Knowing what it actually does takes a lot of that pressure off.

The deadlines

FCC rules set presumptively reasonable review periods for wireless siting applications:

• 60 days for small wireless facilities on existing structures
• 90 days for small wireless facilities on new structures
• 90 days for other collocations on existing structures
• 150 days for other new facilities, including new towers

What happens if a town misses one

For most applications, missing the deadline doesn't approve anything on its own. It's treated as a presumptive failure to act, and the applicant's remedy is to sue in court within 30 days. The town can still try to show the delay was reasonable. Litigation takes time and money, which is exactly what carriers want to avoid.

That doesn't make deadlines optional. Towns that ignore them lose cases on procedure alone. But no one is breaking ground the day after a deadline passes.

The exception: eligible facilities requests

Modifications to existing towers and base stations that don't substantially change them, known as eligible facilities requests under Section 6409(a), work differently. The review period is 60 days, and if the town doesn't act, the request can be deemed granted once the applicant notifies the town in writing. Know which kind of application you have before assuming you have room.

How the clock gets paused

The most important tool is a timely, specific notice that the application is incomplete. Under FCC rules, a notice sent within 30 days of submission pauses the clock until the applicant responds. For small wireless applications, a notice within the first 10 days resets the clock entirely once the applicant resubmits.

The notice needs to identify the missing items and the code provisions that require them. Vague requests don't count. Towns and applicants can also agree in writing to extend the deadline.

The takeaway

Log the submission date the day an application arrives, check it against your code within the first week, and send a detailed incompleteness notice if anything is missing. That single step does more to protect your options than anything else in the process.

This post is general information, not legal advice. Consult qualified counsel about your specific application.