New Mexico Governor Signs Small-Cells Bill; Virginia Legislators Expand 2017 Law
New Mexico Gov. Susana Martinez (R) enacted small-cells legislation, as similar bills advanced in other state legislatures this week. Thursday, Virginia legislators passed a zoning bill that would expand on last year’s small-cells law, and Utah senators were expected to have voted later in the day on sending an amended small-cells bill to the other chamber. Wednesday, the Georgia Senate passed a small-cells bill, and a Hawaii Senate committee voted 11-0 to clear another. Other small-cells bills got OKs this week from the West Virginia House and committees in Oklahoma and Missouri (see 1802280022).
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More than 15 legislatures are moving on such proposals this year to streamline 5G wireless infrastructure deployment by pre-empting local authority over siting in the right of way. With New Mexico, 14 states enacted such bills in the past two years (see 1801050033). The Illinois legislature last month passed SB-1451. It needs the governor’s signature.
The New Mexico Municipal League negotiated with industry and is neutral on the bill signed by Martinez, said NMML Executive Director William Fulginiti in an interview. The league is working on model ordinances and plans workshops, he said. Among 26 amendments, localities negotiated a $250 annual fee for each facility, one of the highest in the nation, Fulginiti said. It protects historic districts and allows localities to create “design districts” they can regulate more tightly, he said. Verizon disagreed and pulled out of talks, but AT&T and T-Mobile stayed, the local official said. Verizon didn’t comment.
Martinez's signing "will allow the wireless industry to deliver the mobile networks communities throughout New Mexico," Wireless Infrastructure Association CEO Jonathan Adelstein said in a statement. He praised state lawmakers for "a collaborative process that involved the wireless industry and community stakeholders."
The Virginia Senate voted 21-15 to pass a zoning bill (HB-1258) after voting 19-18 to pass a fees bill (HB-1427) the day before. The House earlier passed those bills and the Senate version of the fees bill (SB-823). The House likely will vote Friday on the Senate version of the zoning bill (SB-405), said Virginia Municipal League Executive Director Michelle Gowdy. The zoning bills cover new wireless infrastructure of all sizes, whereas last year’s small-cells law covered collocation on existing structures, Gowdy said. The other bills set statewide fees for using state and local rights of way. VML opposes all four, she emailed: “The wireless industry and local governments to include VML worked over the summer to find a compromise and unfortunately the wireless industry chose not to work with localities.”
Some may not like the Virginia bill, but it will ensure consistent siting processes across the state, said Sen. Ryan McDougle (R) during the livestreamed floor action. Lawmakers made some amendments for local governments, he said. But Sen. Jeremy McPike (D) said the “short-sighted” bill won’t improve service in rural areas.
Against local opposition, Georgia senators voted 51-2 to send SB-426 to the House (see 1802270054). Cities don’t want to give up control of public property to telecom companies that “will not be held to the same standards as other users of the rights-of-way,” a Georgia Municipal Association spokeswoman emailed. “While it is being sold as a vehicle for economic development, the bill actually does nothing to help the rural areas of the state receive better telecom services than they currently do. Instead, the bill places local governments in the position of subsidizing the existing roll-out plans these companies have for urban areas.”
Local governments already got 15-20 amendments, and more edits are coming in the Statehouse to ease their concerns, said Sen. Steve Gooch (R), the Georgia bill's author. Rights of way belong to taxpayers, not anyone in local government, and getting faster 5G service out is as critical as providing any other utility, he said.
Maine’s small-cells bill died in committee. It “came late and was a significant overreach,” emailed State Rep. Seth Berry (D), who opposed the bill. “We strongly support a level playing field for all communication technologies and look forward to a different bill on this exciting technology next session.” Sponsor State Rep. Nathan Wadsworth (R) didn’t comment. The Maine Municipal Association thinks “municipal preemption does not seem at all warranted based on actual experience,” emailed Garrett Corbin, the association’s legislative advocate. “Our state needs partnerships, not preemptions. To the extent small cells are helpful in addressing Maine’s lack of broadband, they will be welcomed at the local level.”
Bill hearings are imminent in other states. Tennessee small-cells bills go before the Senate Commerce Committee Tuesday and the House Business and Utilities Committee Wednesday. The Pennsylvania House Consumer Affairs Committee has set a March 15 hearing on HB-1620. The Maryland Senate Finance Committee has a March 20 hearing on SB-1188.
“Local governments are being forced to respond to legislative initiative without input at the start,” emailed NATOA General Counsel Nancy Werner. “Our members are working with the wireless industry and the neutral hosts to deploy as quickly as possible. Any preemptive legislation just slows that process down by redirecting resources and energy to legislative battles or to rewriting effective ordinances to comply with hastily-enacted new state laws.”