Carr Starting to Lay Out Next Steps for FCC Wireless Infrastructure Reform

Municipalities fought back. Carr “mischaracterizes” local government intentions, the National League of Cities replied. Meanwhile, the Wireless Infrastructure Association urged Oklahoma's governor to sign a small-cells bill similar to legislation in other states to pre-empt local government right-of-way authority.

FCC officials said Friday there's no timeline yet for the next big infrastructure item, though action is widely expected this summer. “The FCC has been looking at the important role that state and local reviews play in facilitating" 5G deployment, Carr said, in remarks posted Friday. Chairman Ajit Pai tasked Carr last year with overseeing work on wireless infrastructure. In March, commissioners approved 3-2 the first major order, clarifying that deployment of small cells isn't a “federal undertaking” within the meaning of the National Historic Preservation Act or a “major federal action” under the National Environmental Policy Act, and cutting red tape for tribal reviews (see 1803220027). Carr has promised more to come and next steps are expected to generate more controversy (see 1803120049).

The FCC also needs to review its shot clocks on local reviews, Carr said. The FCC should offer additional certainty on access to ROWs “and our views on state and local moratoria,” Carr said. “We should promote greater parity between the treatment of wireless infrastructure and other uses of rights-of-way.”

Localities: We're Not Barriers

Local governments shouldn't be seen as barriers, said National League of Cities Principal Associate-Technology and Communications Angelina Panettieri. “Cities aren’t trying to slow the deployment of new technology, but just as I wouldn’t expect my landlord to rent me my apartment for free or at a steep discount, the FCC shouldn’t expect local governments to give away access to the rights of way or city-owned buildings and poles without fair compensation.”

Carr overestimates the impact that pre-empting local governments would have on the business case for rural deployment, Panettieri said. “No matter what the FCC does in the wireless docket, 5G will never be the technological solution for sparsely distributed customers in rural areas, and we will still need to invest in a lot of wires to make our modernized wireless networks function.”

“We only win the race to 5G if all in society are served,” said Best Best telecom attorney Gerard Lederer, who represents cities. Carr was FCC general counsel and appreciates “the legal and constitutional limitations of FCC’s authority in this area,” Lederer said. “We do hope [Carr] will meet with local government before going too much further in developing his proposal,” he said. “There are numerous practical, legal, and budgetary challenges to some of what we believe the commissioner envisions as the future of siting small cells. We would like to share those concerns with him.”

Carr’s speech was welcomed by industry Friday. The FCC Broadband Deployment Advisory Committee is to address some of the issues at Wednesday's meeting, where it's expected to consider controversial model codes for states and municipalities (see 1804030066).

BDAC

“While deployment of 5G highlights this issue and brings it to the forefront, it is an issue for all types of broadband deployment, wireline and wireless,” said Robert DeBroux of TDS Telecom, chair of BDAC’s Removing State and Local Regulatory Barriers Working Group. “The conclusion that my work group came to after debating these issues was that there needed to be more transparency as to how ROW access rates are set as well as guidance from the FCC as to how they should be set,” he told us. “Those two steps may not solve all problems, but I think would move us closer to a solution.”

“Carr continues to serve as a stalwart for America’s 5G leadership,” said Wireless Infrastructure Association President Jonathan Adelstein, also a BDAC member.

Most local governments appreciate the benefits 5G brings, said Richard Bennett, network architect and member of the BDAC municipal working group. “Some are more focused on shorter term issues such as meeting pension obligations,” he said. “The latter group wants to impose stealthy new taxes on their citizens by increasing pole attachment fees. Fortunately, state legislatures are coming down on the long-term side of the equation.”

“The FCC has an important role to play in promoting the access needed to site the next generation of wireless networks, with reasonable timelines and fees,” said Scott Bergmann, CTIA senior vice president-regulatory affairs.

Getting more spectrum for wireless broadband is the first step, said analyst Roger Entner, author of a report for CTIA on 5G filed with the agency Monday (see 1804160056). “I expect the focus to expand to the mid-band and would hope we follow the rest of the world with 300 to 500 MHz in the 3.5 to 4.2 GHz band and hopefully we can find some low-band spectrum too,” he said. The other key is simplifying siting, Entner said. “When other countries, like China, Japan, and South Korea, take weeks to permit a site and it takes months and sometimes years in the U.S., it is clear to see who will have an easier time being the leader in 5G.”

BDAC meetings and discussions with stakeholders revealed “a lack of uniformity when it comes to the processes required to build fiber and wireless infrastructure in the U.S.’s 30,000 or so" jurisdictions, said member Brent Skorup of the Mercatus Center. “This lack of uniformity sometimes delays broadband construction and creates unnecessary compliance costs. Public outreach and education will go a long way to improving this, but I hope the FCC and state governments will bring more uniformity when it comes to local regulations of the rights-of-way and utility poles.”

Oklahoma Bill

Oklahoma senators voted 41-0 Thursday to pass a small-cells bill (SB-1388) after the House voted 86-1 Tuesday. Gov. Mary Fallin (R) will review the bill with staff, a spokesman said.

Adelstein encouraged Fallin’s signature, in a Friday letter to the governor. The bill “would streamline the collocation of wireless antennas and the installation of related wireless facilities,” said Adelstein. More than half of Oklahoma households cut the cord and rely on wireless phones, wrote the WIA president, citing a December survey by the Centers for Disease Control. “As more Oklahomans come to rely on these wireless services, S.B. 1388 would allow the wireless industry to meet the increasing demand.”

The Oklahoma bill is a product of collaboration among industry, utilities and localities, Adelstein said. “It is crucial that we look for ways to streamline the deployment of wireless infrastructure while at the same time respecting municipalities’ zoning authority. S.B. 1388 strikes this balance.”