Industry Seeks to Keep Momentum on State 5G Bills
The wireless industry is urging more states to pass small-cells bills in 2018, with at least 10 legislatures preparing bills. Laws to streamline 5G wireless infrastructure deployment by pre-empting local authority over siting in the right of way were enacted in 13 states in the past two years. An Illinois-passed small-cells bill thought to be headed to the governor’s desk will undergo more legislative negotiations due to cable industry objections, said industry and local government representatives.
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“The wireless industry plans to build this year on the enormous success we had in 2017 seeing numerous states enact legislation,” said Wireless Infrastructure Association CEO Jonathan Adelstein: “We have learned from previous legislative battles that we need to calibrate carefully by addressing local concerns regarding the type and placement of facilities for which we propose streamlined treatment. Our approach preserves localities’ ability to encourage collocation and administer their rights-of-way responsibly.”
Small-cells bills are active in Georgia (HB-533), Hawaii (HB-625), Illinois (SB-1451), Maine (LD-1690/HP-1170) Michigan (SB-637), Missouri (HB-1948 and SB-837), Nebraska (LB-389), New Mexico (HB-38 and SB-14), Pennsylvania (HB-1620) and Wisconsin (HB-348 and SB-425). Some bills are predicted to come in Maryland and Washington state (see 1712110044 and 1709120001).
A Senate vote in Wisconsin could occur this month or next, said League of Wisconsin Municipalities Assistant Director Curt Witynski. It was passed by the House and the league is neutral (see 1710240053).
Pennsylvania lawmakers were to hold a hearing on small-cells legislation Tuesday, but it was canceled and will be rescheduled, said a House Consumer Affairs Committee spokeswoman. About 50 Pennsylvania municipalities, mostly small to medium-size townships and boroughs, passed resolutions or sent letters to state legislators in opposition, said Dan Cohen, a telecom attorney for local governments.
Missouri local governments moved to neutral from opposed on a revised bill introduced last week (see 1801040004), said Missouri Municipal League Deputy Director Richard Sheets. The new version includes some things local governments asked for and language from a national model wireless deployment bill created by the wireless industry, he said: “We have been meeting with the bill sponsors and the telecoms to work out differences,” and “the discussions have been constructive.” Sheets predicted a House hearing in early February.
The Michigan bill may see movement in January or February, said a Michigan Municipal League spokesman. The league opposes the bill.
Governors enacted small-cells laws in Arizona, Colorado, Delaware, Florida, Indiana, Iowa, Kansas, Minnesota, North Carolina, Ohio, Rhode Island, Texas and Virginia. Three courts struck down Ohio’s 2016 law that addressed several unrelated subjects, and lawmakers have been discussing a clean bill (see 1712070056). Cities also challenged the Texas law in court, with state and federal court cases pending (see 1709010054). California lawmakers last year passed a bill, but Gov. Jerry Brown (D) vetoed it, saying he supported the intention of speeding 5G deployment but thought the bill lacked balance for local governments (see 1710170026).
After Illinois passed a small-cells bill Nov. 9 (see 1711090052), the state cable association objected to SB-1451 and Illinois Senate President John Cullerton (D) moved to reconsider the vote. Since then, the bill has been “in limbo,” with no deadline to act, said Municipal Services Associates President Stu Chapman, a technical consultant for municipalities. Chapman expects further negotiations to begin. The legislature opens a “perfunctory session” Jan. 10 but won’t really get going until Jan. 30, he said.
Cable raised objections and the Illinois bill can’t advance to the governor’s desk until Cullerton withdraws his motion, said Cable Television and Communications Association of Illinois President Joe Handley. “Due to issues raised by interested parties, further discussions continue on the possibility of a ‘trailer bill’ to SB-1451, if and only if, SB -451 is sent to the governor and approved.” He didn’t specify cable’s objections.
Some local governments remain opposed to the Illinois bill, even though the state municipal league said it’s neutral on the most recent version, Chapman said. Several local governments near Chicago and downstate have resolutions urging Gov. Bruce Rauner (R) to veto the bill, the local consultant said. The communities still oppose the bill because it “undervalues municipal property” and undercuts their authority to say where wireless equipment can go, he said.