4. Scope of the Proceeding

The issues to be considered in this proceeding are:

(1) Does § 332(c)(7)(B)(iv) of the 1996 Telecommunications Act preempt the Commission from adopting requirements on the clearances between facilities that should be maintained when wireless carriers attach wireless antenna with radio frequency (RF) emissions to jointly used poles and towers?

(2) Does the record provide evidence supporting the concept of a "cylinder of proximity" in which electric supply and communication workers, and others, can move without coming into proximity of RF emissions that the Federal Communications Commission (FCC) has deemed hazardous, or does the "cylinder" concept result in more stringent RF emission standards that are contrary to law?

(3) Has a 4-foot default distance been justified as part of the "cylinder of proximity"?

(4) Does § 332(c)(7)(B)(iv) preempt the Commission from requiring a disconnect switch on RF-emitting wireless antennas attached to jointly used poles and towers? What evidence supports the need for such a disconnect switch, and are disconnect switches required for any other type of facility attached to jointly used poles and towers?

(5) Does Proposed Rule 94 deal adequately with pole-top installations and ancillary installations with respect to RF-emitting wireless antennas?

(6) What evidence supports applying the wireless antenna rule on wireless communications companies while exempting the RF-emitting unlicensed antennas of power companies and others?