Pa. Lawmaker to Localities: 'Stop the Inflammatory Language' on Small Cells
Pennsylvania state lawmakers accused local governments of employing scare tactics to stymie state small-cells legislation. At a sometimes prickly hearing Thursday, the Pennsylvania House Consumer Affairs Committee weighed a bill (HB-2564) to streamline 5G small-cells deployment by writing state rules for local governments. It’s Pennsylvania legislators' second attempt at such a bill, and they pledged more amendments ahead to address local concerns. Wireless Industry officials supported amending the bill to give localities more control over height limits. Local government groups said they're cooperative but urged committee members to reject or adjust proposed state requirements.
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“I’m hoping we go forward rather than backward,” said committee Chairman Robert Godshall (R), supporting the bill. Minority Chairman Thomas Caltagirone (D) said the measure has a shot of moving forward before the end of session, which includes 10 voting days between now and mid-November adjournment. Caltagirone warned that Congress has a bill that may moot Pennsylvania’s effort: “They may very well pre-empt everything that we’re doing here if that legislation were to pass in Washington.”
Stop ginning up local resolutions and news stories that criticize state small-cells legislation, said HB-2564 sponsor state Rep. Frank Farry. Local governments used “scare tactic[s]” and “inflammatory language” in testimony, the Republican protested. Farry reacted specifically to local government attorney Dan Cohen saying the bill would “completely emasculate” localities. He wants an “open process,” and it’s not right "to characterize those efforts as no substantial engagement” with localities, the state rep said. There will be amendments, likely including increasing caps on fees localities may charge applicants and edits to the amount of time local governments may take to review applications, he said. “I want to work with you guys.”
Local government associations won’t stop members from passing local resolutions, which some did in opposition to the failed previous Pennsylvania small-cells bill (HB-1620), said Pennsylvania State Association of Boroughs Director-Government Affairs Edward Troxell. There was no organized effort to get members to pass local resolutions, said Pennsylvania State Association of Township Commissioners Director-Government Affairs Amy Sturges.
Local officials' repeated use of the term “towers” when the bill talks about poles “doesn’t help” negotiations, said Godshall, agreeing with another Farry complaint about localities’ testimony. The bill might not mention towers, but proposed language giving wireless companies the right to seek waivers of height restrictions -- 5 feet above the tallest utility pole nearby or 50 feet above ground level -- could allow 120-foot poles used by at least one company, Cohen said. Farry said it wasn’t his intention to allow poles that high.
The Wireless Infrastructure Association supports removing “height limit waivers” from the bill, and clarifying the bill isn’t about towers, said WIA state government affairs counsel Arturo Chang, saying his group proposed language for an amendment. “Any application for a proposed structure above fifty feet should be subject to the regular zoning process of that jurisdiction,” Chang said in written testimony. “Our members work closely with cities and communities around the country, and we strongly believe it is important that localities retain oversight authority for taller structures.” That would be consistent with small-cells laws in 21 other states, he said.
Structures higher than 50 feet should be subject to normal zoning process, agreed CTIA Director-State Legislative Affairs Bethanne Cooley. Industry is open to negotiation with localities on fees and some other concerns, she said. Small cells will help industry meet increasing consumer data demand while boosting the state’s economy and supporting public safety and other important goals, Cooley and other industry officials said.
HB-2564 "comes closer to the balance that we are seeking” than the overly broad HB-1620, said Pennsylvania State Association of Township Supervisors Executive Director David Sanko. The new bill narrowly addresses small-cell placement inside rights of way, he said. Other improvements include addressing communities with underground utilities and giving local government more oversight of placement on decorative poles and in historic districts, he said. But more work is needed, he said, or "today's cutting-edge services may become tomorrow's blight.”