Little Agreement Seen on FCC Infrastructure Rules

Reply comments in the two FCC infrastructure dockets, wireless 17-79 and wireline 17-84, demonstrate that deep divisions remain between industry and local governments with no détente in sight. Replies were due Monday in both dockets: 17-79 and 17-84. “Removing barriers to wireless broadband infrastructure -- small cells in particular -- is essential to maintain U.S. leadership in advanced wireless broadband services and to realize the numerous benefits that 4G densification and 5G offer,” said Verizon, the largest U.S. wireless carrier. “Government action to speed deployment will unlock transformative economic and social benefits -- from smart cities and access to education and healthcare to gains in productivity, sustainability, and public safety,” said comments filed in both dockets. The Wireless Internet Service Providers Association commented that the record "makes clear that the Commission has broad statutory authority to remove regulatory barriers to the deployment of fixed broadband networks, even if broadband Internet access service is restored to 'information service' classification" under Communications Act Title I. Google Fiber commented that there is "broad support" for a "one-time make-ready" pole-attachment process. But the U.S. Conference of Mayors' comments included joint resolutions calling on the FCC to: "preserve local zoning over cell towers and small cell sitings," "protect local police powers over rights-of-way and preservation of the right of a fair rental return on the use of public assets," expand the agency's Broadband Deployment Advisory Committee to include more local government representatives, and "refrain from acting on infrastructure NPRMs until the new and expanded BDAC" issues recommendations. Industry is making it clear it has a clear agenda in both the wireless and wireline inquiries, said the cities of San Antonio, Texas; Eugene, Oregon; Bowie, Maryland; Huntsville, Alabama; and Knoxville, Tennessee. Industry wants the FCC to become “a national land use zoning board to oversee local land use authorities” as well as a “national right-of-way access and rate regulation oversight board,” the cities commented. NARUC told the FCC any rules should “be careful to respect the clear limits on its authority imposed by the plain text of the federal telecommunications law.”