Cities Mixed as NJ Senate Panel OKs Small-Cells Bill
A small-cells bill is advancing in the New Jersey Legislature. The Senate Economic Growth Committee voted 5-0 for an amended S-2674 at a livestreamed Tuesday hearing, while the Assembly Appropriations Committee is scheduled Wednesday at 10:30 a.m. to take another look at its chamber’s version (A-1116). The New Jersey State League of Municipalities remains neutral and the New Jersey Urban Mayors Association (NJUMA) slammed the bills.
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New Jersey municipalities have been negotiating with industry and Assembly sponsor Carol Murphy (D) for the two years since the FCC small-cell order, said municipal league Associate General Counsel Frank Marshall in an interview. The Senate panel amended its bill Tuesday to align it with A-1116, though tweaks came amid concerns by Comcast and electric utilities, said Marshall. Assembly Appropriations will likely take up those revisions Wednesday to harmonize the bills before floor votes, he said. A-1116 earlier cleared Appropriations and another committee (see 2103180032) and was recommitted to appropriators on Monday.
“No other state in the Mid-Atlantic region (New York, Pennsylvania, Delaware and Maryland) has sided with industry over communities,” wrote Newark Mayor Ras Baraka (D) and Plainfield Mayor Adrian Mapp (D) for the NJUMA in The Star-Ledger: “Why New Jersey?” The mayors urged an economic impact study.
“We still have concerns,” but the municipal league is staying neutral to try to “work together on a consensus bill,” Marshall told us. At the livestreamed hearing, he listed reasons the bill doesn’t have the league’s full support, including that it wouldn’t reduce unserved or urban areas because it lacks buildout obligations, it won’t bring 5G to places without fiber, and it won’t make broadband more affordable because it doesn’t force companies to pass operational savings onto consumers. The New Jersey Business and Industry Association supports 5G deployment, testified Chief Government Affairs Officer Christine Buteas. Comcast's “comments and clarifications were addressed,” a spokesperson emailed.
Broadband access concerns Sen. Steven Oroho (R), but “we have to be ready” for 5G, he told hearing. Shirley Turner (D) voted yes despite saying she's “disappointed that we’re not doing anything for the consumer nor are we doing anything to help with the digital divide.”
Legislators in 31 other states and Puerto Rico have approved laws in the past few years. Alabama enacted the last and only small-cells law this year in February (see 2102220012).
“A lot of states have already passed small cell bills over the last several sessions,” and FCC orders “likely lessened the urgency of industry lobbying in states that had not already passed more onerous bills,” emailed National League of Cities Legislative Director Angelina Panettieri. COVID-19 seems to have focused lawmakers more on connectivity, she added. “It’s possible we may see this space heat up more as the pandemic subsides, but I also think the technology and the processes are mature enough that cities and providers have gotten much better at working together.”
Pennsylvania legislators will try again on small cells despite preemptive bills failing in multiple previous sessions after getting much local opposition (see 2001140055). House Consumer Affairs Committee Chair James Marshall (R) Monday introduced HB-1621.
It's “the result of months of negotiations among the municipal associations, industry representatives and key members of the state House and Senate,” emailed local government attorney Daniel Cohen: Municipal groups plan a neutral stance. Unlike previous versions, this year's bill preserves local zoning authority, permits municipalities to enact separate design standards for wireless facilities, and mirrors the FCC order on fees, including allowing higher fees if muni costs are higher, he said.
Illinois extended its 2018 small-cells law June 3, two days after its expiration. Gov. J.B. Pritzker (D) signed an omnibus that included extending the sunset to Dec. 31, 2024. The date had fluctuated during this year’s legislative session between close of 2023 and 2026 (see 2104230071). California bills preempting local governments on wireless deployment remain active (see 2105200075).