Local Governments Oppose FCC Pre-Emption of Local Authority Over Wireless Siting
A consortium of Washington State cities urged the FCC to move with care as it considers a Mobilitie petition asking the agency to pre-empt state and local authority over rights of way (see 1702280039). “While it is reasonable to provide…
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access for small cell deployments to existing utility poles, the installation of new structures dedicated to small cell or macro cell use and the use of replacement structures different from or larger than the originals are subjects which require greater scrutiny,” the cities said. “We should be permitted to require providers to assess other reasonable options such as roof-mounted equipment, panel antennas and co-location through ‘least intrusive means’ tests before installing macro tower transmission facilities or new or larger replacement structures in the public rights-of-way, particularly in underground areas, downtown districts, sensitive view corridors, historic districts and environmentally sensitive areas such as the shoreline.” The comments were posted in docket 16-421. The Wyoming Department of Transportation (WYDOT) said “existing federal laws, FCC rulings, Wyoming state laws, WYDOT rules and regulations and WYDOT procedures” are adequate to guarantee siting without the need for further FCC action. “Further declaratory judgment concerning telecommunication facility placement in these rights of way is unnecessary as the Communications Act grants states authority to decide whether to permit right of way use and determine appropriate and safe right of way locations of telecommunication utilities,” WYDOT said in a filing.