Local Governments Still Holding Up Broadband Deployment, Industry Says
The FCC does have a role to play in speeding up broadband deployment beyond its zoning “shot clock,” Verizon and Verizon Wireless said in a filing at the commission in response to an April notice of inquiry asking for comments on improving government policies for access to rights of way and wireless facilities siting. Numerous local governments told the FCC to back off (CD July 19 p 7). But several companies and trade associations also filed, suggesting that the FCC has more to do to help industry deal with too slow zoning and siting decisions.
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Verizon zeroed in on ordinances approved on the advice of outside consultants (http://xrl.us/bk2ic5). The company noted that one consultant advertises that its model ordinance has been adopted in some 2,000 communities. “Consultant-driven local zoning ordinances have imposed significant additional costs on wireless carriers and created significant delays in the wireless facilities siting process,” Verizon said. “While wireless carriers and industry trade associations have tried to lobby against such ordinances, those efforts are often portrayed as biased and contrary to the locality’s interest and therefore unsuccessful."
Verizon encouraged the FCC to work with wireless and tower companies and local governments to develop a “more balanced model zoning ordinance” that can readily be adopted by local governments. “The Commission can and should help to stem the tide against ordinances designed to make wireless facilities siting more difficult, costly and time-consuming,” Verizon said. This model ordinance should draw a distinction between new facilities and modifications to existing infrastructure, the carrier said. Verizon cited a city in New York, with an ordinance developed by a consultant, in which it had to shell out $84,000 to change out seven existing antennas to new LTE antennas. “While the existence of the shot clock has helped get the reviews … approved in 49 to 74 days, the process for a simple antenna upgrade is overly burdensome, costly and time-consuming, particularly considering the minimal visual or other impact of the modifications,” Verizon said. In Hamilin, N.Y., Verizon said it “ultimately abandoned a project that would have resulted in an upgrade of existing antennas to LTE after losing a battle with the town to have the upgrade declared not to be a substantial upgrade to the existing tower."
The zoning shot clock and pole attachment rules have helped speed deployment of wireless broadband, but more remains to be done, CTIA said (http://xrl.us/bk2i2m). The FCC could sponsor a municipal “race-to-the-top” program to encourage quick deployment, launch a dialog with state and local authorities “to further their understanding of technical matters and the FCC’s role in addressing them,” and urge local governments to adopt either a shortened shot clock for collocation of wireless facilities or even permit collocation by right. “Local zoning delays arise from many sources,” CTIA said. “Restrictive ordinances threaten the ability of operators to find acceptable sites that meet their coverage needs. Laws limiting tower height effectively require deployment of multiple shorter towers, each of which must go through its own approval process. Because zoning procedures and requirements vary by jurisdiction, an inconsistent patchwork of regulations results."
Infrastructure deployment is held up by slow zoning and permitting processes in some areas, the Wireless Communications Association said (http://xrl.us/bk2iag). “Pending the resolution of … zoning and permit processes, invested equipment sits idle,” WCA said. “Resources which are unexploited during lengthy delays caused by zoning and permit processes result in considerable costs to the public and the economy. Areas which are unserved or underserved continue to lack broadband services, including those which could connect them to first responder networks."
The administration has outlined “ambitious goals” for broadband deployment across the U.S., PCIA said (http://xrl.us/bk2ido). “However, broadband services are dependent upon infrastructure, and currently the deployment of new infrastructure and the effective use of existing infrastructure are subject to persistent and costly barriers,” PCIA said. “In order to achieve our national goal of ubiquitous broadband in a timely manner, the Federal Communications Commission must confront these barriers."
"As FiberTower has very frequently experienced directly, local zoning boards and building owners/associations often delay the installation of small wireless antennas (i.e., less than 1-meter) for fixed wireless service,” FiberTower said in a filing (http://xrl.us/bk2igg). “Zoning and permitting requirements that treat fixed wireless antennas differently than satellite or television antennas also often add unnecessary and substantial delays and costs to broadband deployment, particularly when network providers are unnecessarily forced to negotiate with multiple jurisdictions."
Among other comments posted by the FCC Tuesday, New York City told the FCC action is not needed to speed up municipal work on broadband (http://xrl.us/bk2ig7). “The City emphasizes that it has used the existing regulatory tools to achieve the very goal that has eluded national policymakers -- namely, universal deployment of broadband facilities by competing service providers,” New York City said. “Consequently, the City cautions the FCC against attempts to limit the authority given to local governments by Congress, as any such limitations may ultimately thwart the goal of universal broadband deployment.”