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Verizon Defends FCC Oversight of Wireless Access to Utility Poles

Sections 253 and 332(c)(7) of the Communications Act apply fully to FCC oversight of local siting decisions on wireless carrier access to utility poles, Verizon said in a docket 17-79 filing. Verizon said it's refuting arguments by some state and…

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local governments. “Congress did not unambiguously indicate that the Communications Act applies only to state and local governments acting in their regulatory capacity, and the Commission should reasonably interpret Sections 253 and 332(c)(7) as applying to state and local governments regardless of whether they act in a proprietary or regulatory capacity,” Verizon said. The FCC should decide that “states and localities act in a regulatory capacity when they make decisions regarding the placement of wireless facilities on city-owned poles, triggering the application of Sections 253 and 332(c)(7) to their actions.”