Mayors Group Wants FCC to Revisit Pre-Emption Decision; Pole Order Issued
The FCC should reconsider pre-emption decisions in a pole-attachment order it adopted Thursday (see 1808020034), said U.S. Conference of Mayors CEO Tom Cochran Friday. Mayors strongly oppose FCC actions that “subordinate local governments and their property rights to the benefit…
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of the nation's communications providers,” he said. “With little advance notice or engagement with local and state governments, the FCC action -- which effectively prohibits local and state actions or policies having the effect of barring for some duration a private telecommunications company for accessing the public's rights-of-way -- immediately disrupts local management regimes for the sole purpose of granting one group special federal protections and rights. It also upends a key provision of federal law that was enacted overwhelmingly by Congress in 1996 to protect and respect local and state government property rights and their authority to manage these public assets.” The FCC late in the day released the text of the order and ruling adopting one-touch, make-ready and other pole-attachment changes, and also declaring that state and local moratoriums on network facility siting deployment would be pre-empted. Earlier, others concerned about the FCC's decisions were withholding judgment. “Cities are still deciding on their legal strategies, and we’re going to take the lead from our members,” said a National League of Cities spokesman. NATOA hasn’t decided next steps, said General Counsel Nancy Werner, saying she’s not aware of any decisions by other local government groups. Electric utilities also awaited the text and hope the FCC made changes in response to their concerns, said Aryeh Fishman, Edison Electric Institute associate general counsel. “It depends on what they actually put out," he told us. "We’ll be looking out for whether the FCC changed the draft’s proposal for self-help in the electric space because we see that as being a real risk to worker safety.” He shared the concerns of Commissioner Jessica Rosenworcel, who said the order's ambiguity could lead to further disputes. "They’re presenting electric companies with a very substantial compliance challenge," he said. Electric utilities agreed with the FCC's draft decision not to give ILECs pole-attachment rate relief beyond new agreements, he noted.