NARUC Telecom Committee Passes Resolutions Stressing State Role

The NARUC Telecom Committee cleared three resolutions highlighting states' role in telecom issues, at a business meeting Tuesday at the association’s winter meeting. The resolutions, passed on unanimous vote, stressed the importance of cooperative federalism in various telecom matters. One resolution on wireless siting got revisions from its original draft after industry raised concerns, but the others tracked closely with drafts released last month (see 1701310048). On an earlier small-cells panel, industry disagreed with state and local officials about the need for federal action.

“Scratch where it itches," Committee Chairman Paul Kjellander said of his philosophy at his first meeting as chairman. "As we look at what's happening in the industry, I think we'll be doing a lot of scratching over the next few months and probably over the next few years. ... This is probably one of the most exciting times to be involved in the telecom sector, with the changes at the FCC and the possibility of the rewrite of the [Telecom] Act of ’96.”

One resolution endorses a list of interconnection and competition policy principles developed by the NARUC Telecom Act Modernization (TeAM) Task Force Sub-Group on Connectivity and Competition. The task force listed principles it said should be retained as policymakers seek to rewrite the Telecom Act. Principles included requiring state oversight, requiring interconnection, spurring competition and ensuing high levels of communication quality, delivery, security and privacy. The task force also backed technology-neutral policies, universal service and oversight to reduce barriers to entry and stop discrimination. It said voice communication is important. Florida Public Service Commissioner Ronald Brisé sponsored the resolution.

Two other resolutions highlight the federal-state partnership described in the organization’s 2013 federalism white paper, with one focusing on the Connect America Fund (CAF) Phase II process and another on a Mobilitie petition seeking FCC pre-emption of state and local authority over rights of way. The CAF resolution, sponsored by New York Public Service Commission member Gregg Sayre -- recently named committee co-chairman -- and Virgin Islands PSC Chairman Johann Clendenin, applauded the FCC’s order last month granting a CAF Phase II waiver for New York state (see 1701270019) and urged the commission to relieve other states facing similar situations. The order was “a little bit dodgy” about its applicability to other states, Sayre said.

The FCC should honor the federal-state partnership in deploying wireless and wireline facilities, said the third resolution on the Mobilitie petition. It opposes further efforts in petitions asking the FCC to pre-empt traditional state authority and urges states and the NARUC general counsel to comment in proceedings that raise federal pre-emption issues. A Telecom Subcommittee staffer said the item was revised somewhat after getting industry feedback. One addition urges members to engage state and local authorities managing rights of way, pole attachments and other telecom facilities or services to understand the important role public utility access plays in broadband deployment. Another addition applauds FCC Chairman Ajit Pai for starting the Broadband Deployment Advisory Committee. CTIA Director-State Regulatory Benjamin Aron called the resolution “vastly improved” from the draft.

The Telecom Committee examined small cells -- the 5G wireless infrastructure at the heart of the Mobilitie petition -- in a panel earlier Tuesday. Connecticut Public Utilities Regulatory Authority Vice-Chairman Jack Betkowski said wireless siting issues should be resolved at the local level, with neither FCC action nor state legislation necessary. National League of Cities (NLC) Principal Associate-Technology and Communications Angelina Panettieri also opposed federal action, saying industry should work with communities to deploy small cells.

But wireless industry officials supported federal action. Sprint has had problems in some municipalities accessing the right of way and high access fees, said Director-Government Affairs Ken Schifman. The carrier also seeks a more predictable deployment process, including more consistency in review time frames, he said. ExteNet seeks clarity on wireless siting issues to support industry’s ability to challenge certain local barriers, said National Director-External Relations-Infrastructure Mike Hill. Cary Hinton, policy adviser for the D.C. Public Service Commission, asked from the audience if it would have been easier for the wireless industry to access the right of way had it not written itself out of public utilities codes in states and territories. The panel wrapped before industry officials could respond.

Betkowski recommended that the wireless industry educate communities to explain what’s coming and why. “It’s important that people are not surprised,” he said. Panettieri agreed industry should do more “show and tell” at the local level. Communities want wireless infrastructure to be as unobtrusive as possible and are concerned about too many poles going up, she said.

The Sprint and ExteNet officials concurred about education but said state commissions share responsibility to educate localities about small cells. Small cells won’t be visual obstructions and Sprint doesn’t see attaching the infrastructure to various poles around the community as a “massive problem,” Schifman said. Comments are due March 8 at the FCC on wireless siting issues including the Mobilitie petition (see 1701120066).

NARUC Notebook

President Donald Trump’s proposed infrastructure package won’t be developed “in the next month or two,” said House Transportation and Infrastructure Committee Chairman Bill Shuster, R-Pa. Repealing and replacing the Affordable Healthcare Act is first up, then a tax revamp -- an effort that will figure into how to pay for infrastructure including broadband, Shuster said Tuesday at NARUC. “Running up the debt” isn’t an option for paying, and public-private partnerships are an important tool but no “silver bullet,” Shuster said. On infrastructure, Shuster plans to work closely with House Commerce Committee Greg Walden, R-Ore., who addressed the meeting Monday (see 1702130020). Walden will take the lead on broadband and energy issues, Shuster said. There's “a lot of buzz about infrastructure in this town” and Shuster isn’t surprised it’s a focus for Trump, he said. "He's a builder. He builds things.”

Government needs more trained fighters in cybersecurity, said former senator and presidential candidate Rick Santorum. The government has technologists acting as war fighters, but they’re not actually such, the Pennsylvania Republican said at NARUC Tuesday. Santorum urged a shift in approach from protecting against attacks to “how do we deter,” Santorum said. One option may be to re-task the National Guard to be cybersecurity “minutemen,” he said. The siloed nature of government lessens incentive to defend against cyberattacks, Santorum said. Many agencies have authority, but nobody has responsibility to act, he said. Agencies don't get in trouble for not doing things but get slapped for taking something on and failing, he said.