Cities and Democrats Ask FCC to Delay Vote on Infrastructure Rules

Cities struggling with COVID-19 asked the FCC Tuesday to delay a planned June 9 FCC vote on CTIA and Wireless Infrastructure Association proposals for wireless infrastructure clarity until they have more time to respond. A few local governments filed in support of the rules (see 2005290052). House Commerce Committee Democrats and Republicans delivered diverging opinions about FCC plans to consider the declaratory ruling next week.

Commissioner Geoffrey Starks supported a delay. Industry said action is overdue because of the need to accelerate siting of towers and other 5G facilities. The ruling would clarify FCC authority over siting decisions under the 2012 Spectrum Act (see 2005190058).

The Western Communities Coalition, joined by Mackinac Island, Michigan, asked the FCC to hold off on a vote due to the pandemic, in comments posted Tuesday in docket 19-250. That “will allow local governments more time to provide insights into the practical impacts of the proposals and prevent the unnecessary diversion of scarce resources to adapt” to the proposed new rules and respond to the NPRM, they said. Sumner, Washington, said it's struggling because of the coronavirus. “Staff is working remotely,” the city said, with public agencies limited “from holding public meetings and conducting public business.” Mountlake Terrace and Gig Harbor, also in Washington, had similar concerns, as did New Carrollton, Maryland (see here, here and here).

House Commerce Chairman Frank Pallone of New Jersey, Communications Subcommittee Chairman Mike Doyle of Pennsylvania and 22 other committee Democrats urged the FCC to wait. “We are especially troubled by the burden responding to this Declaratory Ruling will place on local governments that are rightfully focused right now on combatting the ongoing coronavirus pandemic,” the lawmakers wrote Pai. “Local public servants and elected officials are filling the void left by their federal counterparts. These local officials cannot be expected to conduct a meaningful review and respond to an item of this nature within the very limited time provided.”

“Cities across the nation are stretched to the limit addressing #COVID19 and protests,” Starks tweeted: “They've asked for more time to review an @FCC proposal that they first saw 2 weeks ago. It’s a reasonable request.”

House Commerce ranking member Greg Walden of Oregon and other panel GOP leaders lauded the FCC's plan to vote next week on the order. “This Order marks the next major step that the Commission can take to promote broadband buildout,” the lawmakers wrote Pai Monday. “Reducing unnecessary regulatory burdens to promote broadband deployment is a top priority for Congress, and we urge the Commission to approve this Order” at the June 9 meeting. Others signing the letter included House Minority Whip Steve Scalise, R-La., and Communications ranking member Bob Latta, R-Ohio.

“The petitions have been before the Commission for nine months and local governments have submitted nearly 650 pages of comments,” emailed an aide to Commissioner Brendan Carr, who's overseeing FCC work on wireless infrastructure. Carr tweeted Tuesday it’s “great to see so many Congressional leaders voice strong support for” the 5G ruling, citing the House Commerce Republicans’ letter. He also touted it in a statement.

NATOA, the National Association of Counties, U.S. Conference of Mayors and National Association of Towns and Townships said in a Tuesday filing their concerns continue. “Though billed as clarifications, the draft Ruling requires, at a minimum, every local government to review current ordinances, policies, application forms and staff training to ensure compliance with the new order. This would come just over a year after local governments were required to revise wireless siting ordinances and standards,” the groups noted.

The Edison Electric Institute urged the FCC to deny the CTIA petition as it relates to pole attachments. Utilities “share the goal of leveraging streetlight infrastructure to support 5G deployment,” EEI said: “There is an already an effort” by utilities “to develop and deploy ‘smarter’ streetlight infrastructure that will meet the needs of multiple stakeholders and that will serve multiple public purposes.” EEI spoke with an aide to Carr.

The clarifications will “accelerate broadband deployment” and “alleviate the confusion that has existed regarding the meaning of certain, key terms in the Commission’s rules,” WIA and member companies said in calls with aides to the commissioners other than Pai. American Tower, Crown Castle and SBA representatives participated. “By reducing the amount of uncertainty that currently exists regarding Section 6409 and the Commission’s implementing rules, the changes the Commission offers will have a meaningful impact on the speed of deployment and the ability of localities, states, and industry to work together,” CTIA said.