O'Rielly Says Uniti Filing Makes Case for FCC Local Pre-emption to Spur Broadband
FCC Commissioner Mike O'Rielly backed pre-emption of localities to spur broadband deployment, citing a recent filing by Uniti Group's fiber unit. "Impossible to read this Uniti Group ex parte & not see need for @FCC preemption to facilitate broadband deployment,"…
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he tweeted Wednesday, linking to its filing in docket 17-84. Uniti "is confronting an unwieldy thicket of resistance at the local level in the form of moratoria on accessing the rights-of-way for installing wireless facilities, excessive obligations that require cash deposits in local banks, as well as cumbersome and expensive regulations regarding the type and placement of facilities in the public rights-of-way," its Monday filing said. "Challenges are multiplying as local governments tend to mirror ordinances adopted by other localities. Despite federal law to the contrary, many localities have implemented moratoria, in name or in fact, on installing small cells in the public rights-of-way. Even when local officials -- like county commissioners, city councils, staff, and attorneys -- are provided copies of relevant federal rulings prohibiting moratoria, these parties feign ignorance or express their intention to violate federal law." It attached a list of 44 jurisdictions it said implemented moratoria, and examples of local ordinances, including one from Jacksonville, Florida.