Local and state governments haven't raised objections on a pending order streamlining parts of the wireless infrastructure rules, FCC Commissioner Brendan Carr said in an interview. The order is to get a vote at commissioners’ March 22 meeting (see 1803010047) and it may be OK'd 3-2 (see 1803070044). “This order only deals with federal process,” Carr said. “There’s nothing in the changes that we’re doing right now that’s going to greenlight any particular deployment. Every deployment would still have to go through the appropriate state or local review process.” Also Monday, the National League of Cities heard in Washington that fighting is unlikely to end soon in state and federal efforts to pre-empt local authority over broadband infrastructure deployment (see 1803120051).

The FCC Wireless Bureau greenlit construction and operation of a wireless tower for public safety communications in Tarrytown, New York, by PI Telecom Infrastructure and the New York Metropolitan Transit Authority. In a Friday order, the bureau rejected concerns by Tarrytown and a resident about visual impact on historic properties and the landscape. “We find that the issues raised by these parties do not provide a sufficient basis for us to reopen the historic preservation review process, which, by the terms of the Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process (Wireless Facilities NPA), is now complete,” the bureau said. Also, “the potential environmental impact of the proposed tower is negligible,” it said.

With the FCC’s next wireless infrastructure order set for a vote March 22 (see 1803010047), FCC Commissioner Brendan Carr said he made visits to the Shenandoah Valley of Virginia last week and heard from people there about the need for better broadband. “I got to see first-hand how the FCC’s proposed order will result in more broadband and in turn greater economic opportunity and jobs for communities across the Commonwealth and the country,” Carr blogged. Carr was tasked by Chairman Ajit Pai to lead the FCC on wireless infrastructure. The order set for a vote by commissioners will help, he said. “For traditional large cells, the order streamlines certain federal historic and environmental reviews, while leaving in place appropriate local review,” he said. “For small cells -- deployments that have a much different footprint than those 100-foot towers associated with traditional, macrocell deployments -- the order updates our approach by excluding these types of deployments from those federal historic and environmental review procedures.” Meanwhile, the National Association of Towns and Townships filed a letter at the FCC raising concerns about FCC moves on wireless infrastructure. The group said in a filing in docket 17-79 it told FCC staff that the Telecom Act of 1996 “created a uniform framework for the relationship between local governments and telecommunications providers and that the intent of the Act was to balance protecting local decision-making authority and reducing barriers to deployment of telecommunications services.” It said it “noted that local governments have legitimate concerns with recent legislative and regulatory proposals that could change the public-private relationship to strongly favor telecommunications providers, thereby reducing the ability of local governments to ensure the safety and reliability of facilities located in the public rights-of-way.” The Delaware Tribe of Indians questioned the proposed changes to infrastructure rules. "Under the proposed changes private contractors would not be required to obtain written responses from tribes indicating tribal consultation, they no longer recognize the tribes right to request compensation for services rendered," the tribe said. "This would create an unfunded federal mandate which would place the financial burden on tribes. In other words, we would have the right to consult but we would need to use our tribal resources to consult on federally supported programs that would potentially impact our historic and cultural properties."

With the FCC’s next wireless infrastructure order set for a vote March 22 (see 1803010047), FCC Commissioner Brendan Carr said he made visits to the Shenandoah Valley of Virginia last week and heard from people there about the need for better broadband. “I got to see first-hand how the FCC’s proposed order will result in more broadband and in turn greater economic opportunity and jobs for communities across the Commonwealth and the country,” Carr blogged. Carr was tasked by Chairman Ajit Pai to lead the FCC on wireless infrastructure. The order set for a vote by commissioners will help, he said. “For traditional large cells, the order streamlines certain federal historic and environmental reviews, while leaving in place appropriate local review,” he said. “For small cells -- deployments that have a much different footprint than those 100-foot towers associated with traditional, macrocell deployments -- the order updates our approach by excluding these types of deployments from those federal historic and environmental review procedures.” Meanwhile, the National Association of Towns and Townships filed a letter at the FCC raising concerns about FCC moves on wireless infrastructure. The group said in a filing in docket 17-79 it told FCC staff that the Telecom Act of 1996 “created a uniform framework for the relationship between local governments and telecommunications providers and that the intent of the Act was to balance protecting local decision-making authority and reducing barriers to deployment of telecommunications services.” It said it “noted that local governments have legitimate concerns with recent legislative and regulatory proposals that could change the public-private relationship to strongly favor telecommunications providers, thereby reducing the ability of local governments to ensure the safety and reliability of facilities located in the public rights-of-way.” The Delaware Tribe of Indians questioned the proposed changes to infrastructure rules. "Under the proposed changes private contractors would not be required to obtain written responses from tribes indicating tribal consultation, they no longer recognize the tribes right to request compensation for services rendered," the tribe said. "This would create an unfunded federal mandate which would place the financial burden on tribes. In other words, we would have the right to consult but we would need to use our tribal resources to consult on federally supported programs that would potentially impact our historic and cultural properties."

The Trump administration put the spotlight on violent media after last month's school shooting in Parkland, Florida, but experts see big First Amendment hurdles to FCC or congressional action aimed at addressing such content. One big issue is defining violent media in a way that can be consistently and reliably applied, emailed broadcast lawyer David Oxenford of Wilkinson Barker, noting that the same violent act is seen very differently in the context of a live-action show versus a Looney Tunes cartoon. The White House last week hosted a closed-door meeting on media violence, focusing largely on video games (see 1803080067).

The Trump administration put the spotlight on violent media after last month's school shooting in Parkland, Florida, but experts see big First Amendment hurdles to FCC or congressional action aimed at addressing such content. One big issue is defining violent media in a way that can be consistently and reliably applied, emailed broadcast lawyer David Oxenford of Wilkinson Barker, noting that the same violent act is seen very differently in the context of a live-action show versus a Looney Tunes cartoon. The White House last week hosted a closed-door meeting on media violence, focusing largely on video games (see 1803080067).

Senate Finance Committee ranking member Ron Wyden, D-Ore., raised concerns Thursday about what he views as Republican-backed efforts to attach the Marketplace Fairness Act (S-976) to the FY 2018 omnibus spending bill. S-976 and House companion Remote Transactions Parity Act (HR-2193) would allow states to collect sales taxes from companies even if they have no physical presence in the state (see 1704280036). The omnibus was also viewed as a potential vehicle for passing the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization and spectrum legislative package (HR-4986), FAA authorization renewal and other priorities (see 1802270055, 1803010056 and 1803060046). “I'm extremely concerned to hear Congressional Republicans are plotting to sneak” S-976's language into the omnibus, Wyden said in a statement. “Apparently voting for a Republican representative in Congress is voting to allow New York and California to tax Oregonians, Pennsylvanians and Texans. If passed, this would create an underground, nationwide, privatized tax-collecting bureaucracy. This is particularly shocking as only two years have passed since” then-President Barack Obama signed the 2016 Trade Facilitation and Trade Enforcement Act, which made permanent the Internet Tax Freedom Act (see 1602240069). Wyden was one of several lawmakers who filed an amicus brief last year urging the Supreme Court not to review the South Dakota v. Wayfair online sales tax case while Congress decides how to legislate on the issue (see 1712080050). The high court accepted the case with oral argument slated for April 17.

Senate Finance Committee ranking member Ron Wyden, D-Ore., raised concerns Thursday about what he views as Republican-backed efforts to attach the Marketplace Fairness Act (S-976) to the FY 2018 omnibus spending bill. S-976 and House companion Remote Transactions Parity Act (HR-2193) would allow states to collect sales taxes from companies even if they have no physical presence in the state (see 1704280036). The omnibus was also viewed as a potential vehicle for passing the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization and spectrum legislative package (HR-4986), FAA authorization renewal and other priorities (see 1802270055, 1803010056 and 1803060046). “I'm extremely concerned to hear Congressional Republicans are plotting to sneak” S-976's language into the omnibus, Wyden said in a statement. “Apparently voting for a Republican representative in Congress is voting to allow New York and California to tax Oregonians, Pennsylvanians and Texans. If passed, this would create an underground, nationwide, privatized tax-collecting bureaucracy. This is particularly shocking as only two years have passed since” then-President Barack Obama signed the 2016 Trade Facilitation and Trade Enforcement Act, which made permanent the Internet Tax Freedom Act (see 1602240069). Wyden was one of several lawmakers who filed an amicus brief last year urging the Supreme Court not to review the South Dakota v. Wayfair online sales tax case while Congress decides how to legislate on the issue (see 1712080050). The high court accepted the case with oral argument slated for April 17.

Senate Finance Committee ranking member Ron Wyden, D-Ore., raised concerns Thursday about what he views as Republican-backed efforts to attach the Marketplace Fairness Act (S-976) to the FY 2018 omnibus spending bill. S-976 and House companion Remote Transactions Parity Act (HR-2193) would allow states to collect sales taxes from companies even if they have no physical presence in the state (see 1704280036). The omnibus was also viewed as a potential vehicle for passing the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization and spectrum legislative package (HR-4986), FAA authorization renewal and other priorities (see 1802270055, 1803010056 and 1803060046). “I'm extremely concerned to hear Congressional Republicans are plotting to sneak” S-976's language into the omnibus, Wyden said in a statement. “Apparently voting for a Republican representative in Congress is voting to allow New York and California to tax Oregonians, Pennsylvanians and Texans. If passed, this would create an underground, nationwide, privatized tax-collecting bureaucracy. This is particularly shocking as only two years have passed since” then-President Barack Obama signed the 2016 Trade Facilitation and Trade Enforcement Act, which made permanent the Internet Tax Freedom Act (see 1602240069). Wyden was one of several lawmakers who filed an amicus brief last year urging the Supreme Court not to review the South Dakota v. Wayfair online sales tax case while Congress decides how to legislate on the issue (see 1712080050). The high court accepted the case with oral argument slated for April 17.

Sen. Rob Portman, R-Ohio, has a commitment to bring up the Stop Enabling Sex Traffickers Act (SESTA) (S-1693) (see 1803020024) after consideration of a Senate banking bill and is hopeful for a vote next week, he told us Thursday. A Portman staffer said proponents will pursue the House version of the bill. After the House passed the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) (HR-1865) with more than 380 votes, the White House announced its support. “We’re looking forward to getting it done,” Portman said, calling House passage and White House support “encouraging.”