NATOA on Guard for FCC, State Actions on Wireless Siting
Localities are closely watching the FCC and state legislatures this year for actions that could remove local authority on wireless siting, local government association officials said during a NATOA webinar Monday. Several associations plan to weigh in on a Mobilitie petition, filed at the FCC in November, that seeks a ruling interpreting Section 253(c) to preclude cities from charging carriers more than other providers for use of the right of way. A Communications Act rewrite and an infrastructure package including broadband are possibilities for 2017, but it’s hard to forecast what will happen in a Trump administration, panelists said.
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Some local officials already have raised concerns about the Mobilitie petition, which they see as a way for industry to avoid local fees (see 1612120053). The FCC asked for comment last month on the Mobilitie petition and other possible ways to promote wireless infrastructure deployment (docket 16-421). Comments are due Feb. 6. NATOA and other local government groups last week asked the FCC to delay the deadline until April 7. An extension “is appropriate considering the complexity and breadth of the issues involved in this matter,” said the motion. NATOA plans to comment, as will many others historically concerned with local siting issues, said Executive Director Steve Traylor. "All of our associations are extremely interested in this.” The National League of Cities and the National Association of Regional Councils confirmed that their groups plan to participate, said NLC Principal Associate for Technology and Communications Federal Advocacy Angelina Panettieri and NARC Executive Director Leslie Wollack.
Industry’s other venue of attack on wireless siting is state legislatures, said Traylor. NATOA is monitoring state legislation that could adversely affect local government siting authority and revenue, he said. Such legislation is enacted, introduced or on the way in Colorado, Minnesota, Ohio, Pennsylvania, Texas, Virginia and Washington, he said. “We’ve also been told that industry hopes to introduce this type of legislation in at least two dozen states over 2017.”
It’s hard to predict what national legislation may pass under incoming President Donald Trump, but having the same party in control of Congress and the White House usually results in significant action, said National Association of Counties Associate General Counsel Mike Belarmino. “We just don’t know where things could potentially go.” Trump is an outsider to Washington, and it’s still a question whether his priorities line up with those of the Republican Congress, he said. Last week’s showdown between Trump and the House GOP over the House ethics rules is a “very early example” of their agendas not aligning, and it may happen again, Belarmino said.
Trump supported an infrastructure package including telecom, and NLC and NARC officials said they want broadband in the mix. In the past, NLC “focused on transportation and water as our primary infrastructure issues," said Panettieri. "One of the things that’s become clear to us over the last several years is that broadband really has to be part of any comprehensive infrastructure policy.”
NATOA sees House and Senate support for a rewrite of the Communications Act, said Traylor. The new chairs of the House Commerce Committee and Communications Subcommittee supported a rewrite before, he said. “If they have time, it sounds like there is some interest, but … they have a pretty full plate to deal with.” Panettieri said, “This would be a good year to try.” Last year, the renomination fight over former FCC Commissioner Jessica Rosenworcel killed many bipartisan telecom bills, she said. “Given that that’s likely to be a nonissue this year … the deck is really cleared for them to pursue that.”