U.S. Conference of Mayors Passes Resolutions on ACP and Local Authority

Congress should renew the affordable connectivity program (ACP) and protect local authority in the right of way (ROW), mayors attending the U.S. Conference of Mayors conference said Sunday. City leaders adopted resolutions on ACP, ROW compensation and opposing the American Broadband Act (HR-3557), which is a package of GOP-led connectivity permitting revamp measures (see 2311060069). The conference adopted the resolutions as part of a unanimous consent agenda Sunday after the Technology and Innovation Committee approved them unanimously Friday. ACP “has been one of the most effective broadband benefit programs to date with its direct-to-consumer model to enroll low-income households and help ensure they can afford the internet connections they need for work, school [and] healthcare,” the first resolution said: The conference urges Congress to renew and extend ACP this year “to ensure eligible households have access to affordable high-speed internet.” The second resolution on local compensation noted that some members of the FCC, Congress and state legislatures “have wrongly characterized this balancing act among competing interests for the public rights-of-way and maintenance of local authority as a barrier to broadband deployment, putting the interests of national corporations ahead of the needs of communities by effectively granting those corporations subsidized access to local public rights-of-way that do not belong to the federal or state government.” Congress should pass a bill amending the Cable Act’s franchise fee section to correct the FCC and the 6th U.S. Circuit of Appeals misreading of the act “and make clear that no other provision of the Cable Act limits or preempts state or local fees or taxes on cable operators or on the non-cable services they provide,” it said. Also, Congress should approve the Protecting Community Television Act (HR-907 and S-340) “to make clear that the cost of non-monetary franchise obligations do not constitute a ‘franchise fee’ under the Cable Act,” the resolution said. And the FCC should act soon on a related remand from the 6th Circuit that has been waiting for action for more than two years, it said. The third resolution urged that Congress drop HR-3557, which “would bestow on broadband providers an unprecedented federal grant of access to state and local public property but impose no obligations on those providers to serve ‘unserved’ and ‘underserved’ Americans.”