Disagreement Continues on Bluebird S. 253 Petition

Industry disagrees if the FCC should preempt rights-of-way fees charged Columbia, Missouri, as a violation of Communications Act Section 253, in replies posted Wednesday in docket 21-323 (see 2109230078). Bluebird asked to defer action on its petition "until the legal status of House Bill 271 is settled," which would ban local jurisdictions from charging per linear foot fees, or preempt the city's linear ROW fee if it decides to act. The fees are "excessive, unreasonable, and discriminatory," said Frontier. Granting the petition "will send a strong message to other municipalities," the telco said. Bluebird’s petition is “not a new or novel issue, and the facts as presented, clearly violate Section 253,” said Incompas, saying its members face similar obstacles. The Wireless Infrastructure Association agreed. Commenters showed the monetary amount "is not an isolated problem," said USTelecom, noting the city didn't file an opposition. Localities in Oregon, Washington and California, the League of Minnesota Cities, Metropolitan Area Communications Commission, and ROW Consultants disagreed, saying Congress "did not intend Section 253(d) to authorize the commission to decide local rights of way disputes." The coalition said a public comment process "does not provide an adversarial fact-finding process through which factual issues might be resolved." Localities "should not be forced to come to the FCC to litigate uniquely local issues," said the Communications Workers of America.