Mobilitie Comments Seen Laying Groundwork for Two New Proceedings at FCC

The FCC sought comment on the Mobilitie petition under former Chairman Tom Wheeler. Replies largely track initial comments. Groups representing local governments ask the FCC to allow local governments to be able to have full control their rights of way, and industry groups insist the FCC needs to step in.

Gerry Lederer of Best Best, who represents the Smart Communities Siting Coalition, said the concerns shouldn’t be partisan. “The issues are a lot more complex than the industry would have the commission believe,” he said in an interview. Lederer said the Mobilitie petition illustrates that. “Not a single industry commenter spoke to the issue of public safety with respect to deployment of … infrastructure,” Lederer said. “Those are the types of things that we have to worry about on a daily basis.”

“I’m pretty sure everyone will be refiling their Mobilitie comments/reply comments in the 2 new proposed proceedings,” emailed NATOA Executive Director Steve Traylor, noting the FCC raised questions about the Mobilitie petition under Wheeler. “The new proceedings are probably much more overarching in scope, and the product of the Pai FCC,” he said. “Some believe the new proceedings (being rulemakings) lay out a more concrete path for the Commission to take action (which I am pretty darn sure they will). It will be a busy summer.”

“We won’t know for sure until they issue the NOI and NPRM, but it seems like it will address many of the same issues,” said ex-NATOA President Ken Fellman.

“We reiterate our firm opposition to overreach by the Commission​ in further restricting local authority over their own rights-of-way,” the National League of Cities said in a filing signed by dozens of municipal groups. The FCC should “take heed of the large number of comments submitted to the docket, not just from industry, but also from cities, their representatives, state utility and transportation agencies, and concerned citizens,” the cities said.

“The Commission should ensure that local governments can continue to both address local concerns in the siting process and protect the public health, safety, and welfare,” the city and county of San Francisco said. “The Commission should not regulate either access to government-owned infrastructure to install and maintain small cell facilities, or the fees local governments charge for use of their infrastructure for this purpose.” The two governments said they have granted “hundreds” of permits to install wireless facilities in rights of way.

The Wireless Infrastructure Association urged the FCC to act. “Delay is widespread and significant,” WIA said. “Local governments are adopting formal moratoria on the deployment of small wireless facilities, and many other local governments are creating de facto moratoria by refusing to meaningfully act on siting applications. Contrary to the suggestion of some local government commenters, delays are not driven by providers. Rather, lack of clarity or consistency in local requirements is a significant cause of delay.” WIA said companies installing small facilities “report multi-year delays driven by cities micromanaging every element of the technology and deployment.”

“Commission action on this item is critical because next-generation wireless will spur economic growth,” the Competitive Carriers Association said in a filing. “The record makes clear that deployment will create jobs and contribute to the gross domestic product, particularly in rural areas. Many of these areas are on the wrong side of the digital divide, but the record suggests that they are likely to experience invigorated enterprise and job creation if the Commission disables state and local siting barriers.”

“The record confirms CTIA’s concern that multiple local regulatory barriers are stalling or outright blocking critically needed new infrastructure,” the association wrote. “The record supports prompt, decisive and comprehensive Commission actions to remove those barriers.”