From The FCC Live Stream
Warning: Massive Federal Overreach Committted by the FCC This Morning . . .
Previous Statement by U.S. Conference of Mayors CEO and Executive Director Tom Cochran on recent FCC proposals diminishing local government ownership rights over local rights-of-way and other public property:
“The U.S. Conference of Mayors strongly opposes recent proposals by the Federal Communications Commission to grant communications service providers subsidized access to local public property and to dictate how local governments manage their own local rights-of-ways and public property. This unprecedented federal intrusion into local (and state) government property rights will have substantial adverse impacts on cities and their taxpayers, including reduced funding for essential local government services, as well as an increased risk of right-of-way and other public safety hazards.
We believe the courts will conclude that FCC’s proposals are based on misguided interpretations of federal law. Congress previously addressed and resolved these issues resoundingly in favor of local and state governments and their property rights. The Conference and its member cities reject efforts by this unelected federal regulatory agency to improperly invade state and local government authority by compelling local elected officials to subsidize, or ‘gift’, local public property to a small, favored group of private businesses. According to FCC’s own estimates, just one of these actions — the proposed small cell rules — threatens future revenues to local (and state) governments by billions of dollars over the next decade.
The Conference of Mayors strongly opposes these proposals and calls on the agency to change them; absent such changes, the Conference and its members will seek relief in federal court to overturn this unprecedented overreach by the FCC.”
SECRETARY: THE THIRD ITEM ON THE AGENDA IS PRESENTED BY THE WIRELESS TELECOMMUNICATIONS BUREAU AND IS ACCELERATING WIRELESS BROADBAND DEPLOYMENT BY REMOVING BARRIERS TO INFRASTRUCTURE INVESTMENT. ACCELERATING WIRE LIN BROADBAND DEPLOYMENT DEPLOYMENT. CHIEF OF THE BUREAU WILL GIVE THE INTRODUCTION.
CHAIRMAN PAI: IF YOUR TEAM IS READY THE FLOOR IS YOURS.
>> GOOD MORNING, MR. CHAIRMAN AND COMMISSIONERS. I’M PLEASED TO PRESENT A DECLARATORY RULING AND THIRD REPORT IN ORDER AND COMMISSION’S ACCELERATING WIRELESS BROADBAND DEPLOYMENT BY REMOVING BARRIERS TO INFRASTRUCTURE INVESTMENT PROCEEDING. I’M JOINED AT THE TABLE BY STPHFRPLT LISTING NAMES]
AND ADDS TO THE STAFF AT THE TABLE I WOULD LIKE TO THANK EVERYONE LISTED ON THE SLIDE FOR THEIR WORK ON ITEM. DARRELL WILL NOW PRESENT THE ITEM.
>> GOOD MORNING, MR. CHAIRMAN AND COMMISSIONERS. WE PRESENT TO YOU TODAY A DECLARATORY RULING FOR STATE AND LOCAL IMPEDIMENTS TO EMPLOYMENT OF 5 G AND OTHER SERVICES. IT WILL REAFFIRM THE CALIFORNIA STANDARD FOR SPWRPT BEING SECTIONS 253 AND 332 OF THE COMMUNICATIONS ACT. UNDER THAT STANDARD A STATE OR LOCAL REQUIREMENT CONSTITUTES AN EFFECTIVE PROHIBITION VIOLATIVE OF 253 AND 332 IF IT MATERIALLY LIMITS OR INHIBITS THE ABILITY OF ANY COMPETITOR OR POTENTIAL COMPETITOR TO COMPETE IN A FAIR AND BALANCED LEGAL AND REGULATORY ENVIRONMENT. THE DECLARATORY RULING WOULD CLARIFY THE STATE AND LOCAL FEE AND OTHER CHARGES ASSOCIATED WITH DEPLOYMENT OF WIRELESS INFRASTRUCTURE ARE CONSISTENT WITH SECTIONS 253 AND 332 ONLY IF THEY ARE A REASONABLE APPROXIMATION OF THE STATE OR LOCAL GOVERNMENT COST AND COST FACTORED INTO THE FEES ARE OBJECTIVELY REASONABLE AND FEES ARE NO HIGHER THAN THE FEES CHARGED SIMILAR SITUATED COMPETITORS IN SIMILAR SITUATIONS. THE DECLARATORY RULING WOULD PROVIDE GUIDANCE ON THE APPLICATIONS OF THIS STANDARD IT OTHER STATE AND LOCAL RESTRICTIONS INCLUDING UNDERGROUND REQUIREMENTS MENT MENT IT WITH ESTABLISH 332 SHOT CLOCKS FOR STATE AND LOCAL REVIEW OF SMALL WIRELESS FACILITIES APPLICATIONS. SPECIFICALLY IT WOULD ESTABLISH A SHOT CLOCK FOR SMALL WIRELESS FACILITIES AND CONSTRUCTION OF NEW SMALL WIRELESS FACILITIES. DUE TO THE SHORTENED SHOT CLOCK TIME FRAMES LOCAL AUTHORITIES WOULD BE ABLE TO RESTART THE SHOT CLOCKS IF THEY NOTIFY THE APPLICANT OF MATERIAL DEFICIENCY IN THE APPLICATION WITHIN 10 DAYS. THE REPORTING ORDER WITH CODIFY THE EXISTING SHOT CLOCKS THAT THE COMMISSION ESTABLISHED IN 2009 AND ESTABLISHED A NEW REMEDY AVAILABLE IT APPLICANTS WHEN AUTHORITIES FAIL IT ACT IN THE NEW 332 SHOT CLOCKS. THE THIRD POINT WITH CONCLUDE THE SHOT CLOCKS APPLY TO ALL AUTHORIZATIONS NECESSARY FOR THE DEPHREULTLOYMENT OF SERVICES AND FOR APPLICATIONS IS THE SAME AS IF THE APPLICATIONS WILL BEEN SUBMITTED INDIVIDUALLY. COLLECTIVELY THE MEASURES IN THERE RULING AND ORDER WOULD ELIMINATE REGULATORY BARRIERS THIS UNLAWFULLY INHIBIT THE DEPLOYMENT OF INFRASTRUCTURE NECESSARY TO SUPPORT ADVANCED WIRELESS SERVICES AND WOULD ESTABLISH PROCEDURES THAT WITH EXPEDITE THE DEPLOYMENT OF WIRELESS INFRASTRUCTURE ACROSS THE NATION. WIRELESS TELECOMMUNICATIONS BUREAU RECOMMENDS ADOPTION AND REQUESTS EDITORIAL PRIVILEGES TO MAKE TECHNICAL OR CONFORMING EDITS.
CHAIRMAN PAI: THANK YOU FOR THAT PRESENTATION. IS THIS YOUR FIRST TIME PRESENT PRESENTING?
>> SECOND.
CHAIRMAN PAI: WELL DONE. COMMENTS FROM THE BENCH.
COMMISSIONER O’RIELLY: I ENTHUSIASTICALLY SUPPORT THE INTENT AND VAST MAJORITY OF CONTENT AS IT WILL LOWER THE BARRIERS TO INFRASTRUCTURE SITING BY TACKLING BE A SOB BACK-TO-BACK — ABSORBANT FEES AND WE ARE TAKING THE STEPS TO, DIET DEPLOYMENT AND MAKE IT MORE COST EVER. THESE PROVISIONS WILL HELP FACILITATE THE DEPLOYMENT OF 5 G AND UNABLE PROVIDERS IT EXPAND SERVICES THROUGHOUT OUR NATION WITH ULTIMATE BENEFICIARIES BEING THE AMERICAN PEOPLE. THIS IS TREMENDOUS STEP IN THE RIGHT DIRECTION AND SOME THINGS COULD HAVE BEEN DONE TO IMPROVE IT FURTHER. THE SITUATION IN THE 1996 ACT WAS LOCALITIES WOULD HAVE NO EMUST ISSUES AND CONTENT REGULATE ON HE IS AT THE TIME PARTICULARS TOWERS AND ANTENNA AND PROHIBITED FROM PROPOSING MORATORIUMS. STATE AND LOCALITIES DIDN’T HONOR IT AGREEMENT AND THE COURT ENABLED THERE EFFORTS BY CASES. I WOULD HAVE PREFERRED THAT PROVISION BE DELETED. WE HAVE RECOGNIZE WE CAN’T GET THE REST WITHOUT T. I DO APPRECIATE THE REQUEST WAS CLARIFIED THAT ESTHETIC REQUIREMENTS THAT MUST BE PUBLISHED IN ADVANCE MUST BE OBJECTIVE. I’M CONCERNED ABOUT SETTING APPLICATION AND RECURRING FEES THAT ARE PRESUMED REASONABLE THE COMMISSION IS INVITING LOCALITIES TO ADOPT RATES. IT SHOULD BE PROVIDED THE RIGHT TO CHALLENGE THE RATES IF THEY BELIEVE THEY ARE NOT COST BASED. FURTHER I THINK THERE SHOULD BE A PROCESS AND STANDARDS IN PLACE IF A LOCALITY NEEDS MORE TIME TO REVIEW APPLICATIONS. OBJECTIVE CRITERIA ARE NEEDED REGARDING WHAT SIS CONSIDERING EXCEPTIONAL CIRCUMSTANCES OR KISSES KISS CASES WARRANTING LONGER REVIEW TO INFORM THE APPLICANT THEY NEED MORE TIME HOW IT WILL OCCUR AND HOW MUCH TIME THEY WILL GET. WITHOUT FURTHER CLARITY I FEEL WE MAY CREATE LOOPHOLES IN FURTHER DELAY. I WOULD HAVE LIKED THERE ITEM TO BE BROADER AND COVER THE REMAINING INFRASTRUCTURE IN THE RECORD. FIRST THE COMMISSION INTERPRETATION OF 253 AND 332 APPLY TO SMALL CELLS AND OUR FOCUS HAS BEEN ON MORE TECHNOLOGY AND IT NEEDS TO BE A RECOGNITION THAT MACRO TOWERS WILL PLAY A RELEVANCE. ONE TOWER PROVIDER STATES THAT MACRO SITES WILL CONTINUE IT BE A CENTRAL KPPBTCOMPONENT BECAUSE 80% OF POPULATION LIVES IN SUBURBAN OR RURAL AREAS WHERE MACRO SITES ARE THE MOST EFFICIENT WAY IT TRANSMIT SIGNALS. MANY INTERPRETATIONS IN THE ITEM APPLY NOT ONLY TO MAC PHABGMACRO TOWERS BUT OTHER SERVICES CHUG THOSE PROVIDED BY TRADITIONAL WIRELINE CARRIERS. THE COMMISSION NEEDS TO CLOSE HAPPEN HOLES IN SECTION 6409 THAT SOME HAVE BEEN EXPLOITING. THESE ARE CLEAR BUT SOME LOCALITIES ARE TRYING IT UNDERMINE THE CONTENT AND ACTION. I APPRECIATE THE CHAIRMAN’S FIRM COMMITMENT TO MY REQUEST THAT ITEMS TO ADDRESS THESE WILL BE DONE IN NEAR FUTURE. THIRD, THERE NEEDS IT BE AN EFFORT TO HARMONIZE OUR RULES AND THE COMMISSION SHOULD HARMONIZE ITS SHOT CLOCKS AND REMEDIES. IT MUST FINISH THE TWILIGHT TOWER PROGRAM COMMENT. IT IS TIME TO BRING THIS EMBARRASSMENT THAT STARTED IN 2001 TO AN END. NOT ONLY DO I THANK THE CHAMBERLAIN CHAIRMAN AND COMMISSIONER CARR FOR IMPLEMENTING SEVERAL OF MY OTHER EDITS AND THEIR WORK. I WILL APPROVE.
CHAIRMAN PAI: COMMISSIONER CARR.
COMMISSIONER CARR: THE UNITED STATES IS ON THE CUSP OF A MAJOR UPGRADE IN WIRELESS TO 5 G. THE “WALL STREET JOURNAL” HAS CALLED IT TRANSFORMATIVE FROM A TECHNOLOGICAL AND ECONOMIC PERSPECTIVE. AND THEY ARE RIGHT. WINNING THE GLOBAL RACE TO 5 G SEEING THE NEW PLATFORM DEPLOYED IN U.S. FIRST IS ABOUT ECONOMIC LEADERSHIP FOR THE NEXT DEADCADE. THOSE ARE THE STAKES. HERE IS HOW WE KNOW. THINK BECOMEACK 10 YEARS AGO WHEN EARN UPGRADING FROM 3 G IT — TO 4 G. THINK OF SOME OF LARGEST STOCKS AND BIGGEST DRIVERS OF OUR ECONOMY BACK THEN. IT WAS BIG BANKS AND BIG OIL. TODAY U.S. BASED TECHNOLOGY COMPANIES FROM FACEBOOK, APPLE, AMAZON, NETFLIX AND GOOGLE DOWN TO THE LATEST START-UP HAVE TRANSFORMED OUR ECONOMY AND LIVES. THINK ABOUT YOUR OWN LIFE. A DECADE AGO CATCHING A RIDE ACROSS TOWN INVOLVED CALLING A PHONE NUMBER, WAITING 20 MINUTES FOR A CAB TO RIVER AND PAYING RATES THAT — ARRIVE AND PAYING RATES THAT WERE INACCESS BELIEVE. TODAY WE HAVE LYFT, UBER AND OTHERS. A DECADE AGO SENDING MONEY MEANT GOING IT A BRICK AND MORTAR BANK STANDING IN A LINE AND GETTING FRUSTRATED WHEN PEN ON THE TABLE WAS OUT OF INK AGAIN AND ULTIMATELY CONDUCTING YOUR TRANSACTION IN PERSON WITH TELL ER ER. NOW AN APP YOU CAN SEND MONEY OR DEPOSIT CHECKS 24 HOURS A DAY. A DECADE AGO TAKING A ROAD TRIP MEANT WALKING INTO YOUR ELECTRICAL TRIPLE A OFFICE — LOCAL TRIPLE A OFFICE AND TELLING THEM THE STOPS ALONG WAY AND INCLUDING WAITING FOR THEM TO PRINT OUT ON PAPER A TRIPTYCH BOOKLET WITH MAPS THAT YOU WOULD UNFOLD AS YOU DROVE DOWN THE HIGHWAY. NOW WITH GOOGLE MAPS AND OTHER APPS YOU GET REAL-TIME UPDATES ON YOUR SMARTPHONE. AMERICAN COMPANIES LED THE WAY IN DEVELOPING THESE 4 G INNOVATIONS. BUT IT IS NOT BY CHANCE OR LUCK THE U.S. IS THE WORLD TECHNIQUE AND INNOVATION HUB. WE ARE THE STRONGEST WIRELESS ECONOMY IN THE WORLD BECAUSE WE WON THE RACE TO 4 G. NO COUNTRY HAD FAST ARE 4 G DEPLOYMENT AND MORE INVESTMENT THAN WE DID. WINNING THE RACE TO 4 G ADDED $ $100 BILLION TO G.D.P. AND $125 BILLION IN REVENUE FOR U.S. COMPANIES THAT COULD HAVE GONE ABROAD. IT GREW WIRELESS JOBS BY 84% IN THE U.S. OUR WORLD LEADING 4 G NETWORKS NOW SUPPORT TODAY’S 950 BILLION DOLLAR APP ECONOMY. THAT HISTORY SHOULD REMIND POLICY MAKERS AT ALL LEVELS OF GOVERNMENT EXACTLY WHAT IS AT STAKE.5 G IS ABOUT OUR LEADERSHIP FOR THE NEXT DECADE. BEING FIRST MATTERS. IT DETERMINES WHETHER CAPITAL WILL FLOW HERE, WHETHER INNOVATORS WILL START THEIR NEW BUSINESSES HERE AND WHETHER THE ECONOMY THAT BENEFITS IS THE ONE HERE. FIRST ADAPTER COMPANIES COULD SUSTAIN MORE THAN A DECADE OF COMPETITIVE ADVANTAGE. WE ARE NOT THE ONLY COUNTRY THAT WANTS TO BE FIRST TO 5 G. ONE OUR BIGGEST COMPETITORS IS CHINA. THEY VIEW 5 G AS A CHANCE TO FLIP THE SCRIPT. THEY WANT TO LEAD THE TECH SECTOR FOR THE NEXT DECADE. THEY ARE MOVING AGGRESSIVELY TO DEPLOY THE INFRASTRUCTURE NEEDED FOR 5 G. SINCE 2015 CHINA HAS DEPLOYED 350,000 CELL SITES. WE HAVE BUILT FEWER THAN 30,000. EVERY DAY CHINA IS DEPLOYING 460 CELL SITES. THAT IS 12 TIMES OUR PACE. WE HAVE TO BE HONEST ABOUT THIS INFRASTRUCTURE CHALLENGE. AND SHOW THE COURAGE TO ACT. THE TIME FOR EMPTY STATEMENTS ABOUT CARROTS AND STICKS IS OVER. WE NEED A CONCRETE PLAN IT CLOSE THE GAP WITH CHINA AND WIN THE RACE TO 5 G. WE TAKE THIS SERIOUSLY AT THE FCC AND WE ARE GETTING THE GOVERNMENT OUT OF THE WAY SO THAT THE PRIVATE SECTOR CAN INVEST AND COMPETE. IN MARCH WE HELD THAT SMALL CELLS SHOULD BE TREATED DIFFERENTLY THAN 200-FOOT TOWERS AND WE ARE SEEING RESULTS. THAT DECISION CUT ONE POINT 5 BILLION DOLLARS IN RED TAPE AND ONE PROVIDER REPORTS IT IS CLEARING SMALL CELLS FOR CONSTRUCTION AT SIX TIMES THE PACE AS BEFORE THAT DECISION. IT IS A WORK IN PROGRESS. IN CLOSING THE GAP WITH CHINA THE HURTLES REMAIN. WE HAVE HEARD FROM DOZENS OF MAYORS, LOCAL OFFICIALS AND STATE LAWMAKERS WHO GET WHAT 5 G MEANS. THEY UNDERSTAND THE ECONOMIC OPPORTUNITY THAT COMES WITH TIT. THEY WORRY THAT THE BILLIONS OF INVESTMENT NEEDED TO DEPLOY THE INSURANCE WILL BE CONSUMED BY THE HIGH FEE HE IS AND LONG DELAYS CONDITION FEES AND LONG DELAYS BY BIG MUST SERVE CITIES. THEY WORRY THAT WITHOUT FEDERAL ACTION THEY MAY NOT SEE 5 G WERE I WOULD LIKE TO READ FROM A FEW COMMENTS I RECEIVED THE LAST FEW COMMENTS. A RETIRED COAL MINER FROM MONTH A MEMBER OF THE STATE LEGISLATURE AND CHAIR OF THE ENERGY COMMITTEE WRITES, WHERE I SEE THE PROBLEM IS THE MOST OF THE INVESTMENT CAPITAL IS SPENT IN LARGER URBAN AREAS PRIMARILY DUE TO THE HIGH REGULATORY CONSISTCOST AN COST RECOVERY THAT CAN BE MADE THERE. THAT LEAVES THE RURAL AREAS OUT. AN IOWA COMMISSIONER SAYS WITH 99 COUNTIES IN IOWA WE UNDERSTAND THE NEED TO STREAMLINE THE NETWORK BILLOUT PROCESS SO IT IS NOT JUST BIG CITIES THAT GET 5 G BUT ALSO OUR SMALL TOWNS. IF COMPANIES ARE TIED WITH DELAYS AND HIGH FEES IT WILL TAKE IT UP LONGER FOR EACH IOWAN TO SEE THE NEXT GENERATION OF CONNECTIVITY. ASHTON HAYWARD MAYOR OF PENSACOLA, FLORIDA, WRITES EXCESSIVE AND ARBITRARY FEES RESULT IN NOTHING MORE THAN TELECOM PROVIDERS BEING REQUIRED TO SPEND LIMITED DOLLARS ON FEES AS OPPOSED TO SPENDING THEM ON THE TYPE OF HIGH SPEED INFRASTRUCTURE THAT IS IMPORTANT TO OUR THE ENTIRE BOARD OF COMMISSIONERS FROM THE RURAL AREA OF MICHIGAN WRITES, SMALLER COMMUNITIES SUCH AS THOSE LOCATED IN ST. CLAIR COUNTY WOULD BENEFIT BY HAVING THE F.C.C. REDUCE THE COSTLY AND UNNECESSARY FEES SOME LARGER COMMUNITIES FACE ON SMALL CELLS AS A CONDITION OF DEPLOYMENT. THESE FEES HOLELY DISPROPORTIONATE PUT COMMUNITIES LIKE OURS AT AN UNFAIR DISADVANTAGE BY MAKING SMALL CELL DEPLOYMENT LESS EXPENSIVE THE F.C.C. WILL SEND A CLEAR MESSAGE THAT ALL COMMUNITIES, REGARDLESS OF SIZE SHOULD SHARE IN THE BENEFITS OF THIS CRUCIAL NEW TECHNOLOGY. THEY’RE RIGHT. WHEN I THINK ABOUT SUCCESS, WHEN I THINK ABOUT WINNING THE RACE TO 5-G, THE FINISH LINE IS NOT WHEN WE SEE NEXGEN DEPLOYMENTS IN NEW YORK OR SAN FRANCISCO. SUCCESS CAN ONLY BE ACHIEVED WHEN ALL AMERICANS, NO MATTER WHERE THEY LIVE, HAVE A FAIR SHOT AT FAST, AFFORDABLE BROADBAND. SO TODAY, WE BUILD ON THE SMART INFRASTRUCTURE CHAMPION BY LOCAL LEADERS. WE ENSURE THAT NO CITY IS SUBSIDIZING 5-G. WE PREVENT EXCESSIVE FEES THAT WOULD THREATEN 5-G DEPLOYMENT AND WE UPDATE OUR SHOP CLOCKS TO ACCOUNT FOR NEW SMALL CELL DEPLOYMENTS. ON THE LAST POINT I WANT TO THANK COMMISSIONER ROSENWORCEL FOR APPROVING THE NEW SHOP CLOCKS WITH EDITS THAT PROTECT MUNICIPALITIES FROM PROVIDERS THAT WOULD SUBMIT INCOMPLETE APPLICATIONS AND PROVIDE LOCALITIES MORE TIME TO ADJUST THEIR OPERATIONS TO THESE NEW SHOP CLOCKS. HER IDEAS IMPROVE THE DEPLOYMENT OF THE ITEM. MORE BROADLY, OUR DECISION TODAY HAS BENEFITED FROM THE DIVERSE VIEWS EXPRESSED BY A RANGE OF STAKEHOLDERS. ON THE LOCAL GOVERNMENT SIDE I MET WITH MAYORS, CITY PLANNERS AND OFFICIALS IN THEIR HOME COMMUNITIES AND LEARNED FROM THEIR PERSPECTIVES, SHE PUSHED BACK ON THE PROPOSED DEEM GRANTED REMEDY ON REGULATIONS GOVERNING RENTS THEY COULD CHARGE FOR PROPERTY OUTSIDE OF RIGHTS OF WAY, AND ON LIMITS TO REASONABLE, AESTHETIC REVIEWS. THEY REMINDED ME THAT THEY’RE THE ONES THAT GET PULLED ASIDE AT THE GROCERY STORE WHEN AN UNSIGHTLY SMALL CELL GOES UP. THEIR VIEWS CARRIED THE DAY ON ALL OF THOSE POINTS. AND OUR APPROACH RESPECTS THE COMPROMISE REACHED IN STATE LEGISLATURES AROUND THE COUNTRY BY NOT PREEMPTING NEARLY ANY OF THE PROVISIONS IN THE 20 STATES’ LEVEL SMALL CELL BILLS. THIS IS A BALANCED APPROACH THAT WILL HELP SPEED THE DEPLOYMENT OF 5-G. RIGHT NOW THERE’S A COTTAGE INDUSTRY OF CONSULTANTS SPURRING LAWSUITS IN DISPUTES FOR COURTROOMS, IN CITY HALLS AROUND THE COUNTRY OVER THE SCOPE OF 253 AND 332. THAT’S THE STATUS QUO. WITH THIS DECISION WE PROVIDE CLEAR AND UPDATED GUIDANCE WHICH WILL ELIMINATE THE UNCERTAINTY INSPIRING SO MUCH OF THAT LITIGATION. SOME HAVE ALSO ARGUED WE UNDULY LIMIT LOCAL AESTHETIC REVIEW BUT ALLOWING REASONABLE AESTHETIC REVIEW AND THUS ONLY PREVENTING UNREASONABLE ONES DOES NOT STRIKE ME AS A CLAIM WORTH LAUNCHING. SOME HAVE ASKED WHETHER THIS WILL MAKE A REAL DIFFERENCE IN SPEEDING 5-G DEPLOYMENT IN CLOSING THE DIGITAL DIVIDE. THE ANSWER IS YES, IT WILL CUT $2 BILLION IN RED TAPE. THAT’S $8,000 IN SAVINGS PER SMALL CELL. CUTTING THESE COSTS CHANGES THE PROSPECTS FOR COMMUNITIES THAT MIGHT OTHERWISE GET LEFT BEHIND. IT WILL STIMULATE $2.4 BILLION IN NEW SMALL CELL DEPLOYMENTS. THAT WILL COVER 1.8 MILLION MORE HOMES AND BUSINESSES WITHOUT A PENNY IN NEW TAXES AND 97% OF WHICH ARE IN RURAL AND SUBURBAN COMMUNITIES. THAT IS MORE BROADBAND FOR MORE AMERICANS. SO IN CLOSING, I WANT TO THANK MY COLLEAGUES FOR WORKING TO PUT THESE IDEAS IN PLACE AND I WANT TO THANK CHAIRMAN PAI FOR HIS LEADERSHIP IN REMOVING THESE REGULATORY BARRIERS AND PUTTING ALL THESE IDEAS ON THE TABLE 17 MONTHS AGO AND I WANT TO RECOGNIZE THE EXCEPTIONALLY HARD-WORKING AND USUALLY HIGHLY CAFFEINATED TEAM AT THE F.C.C. THAT HELPED LEAD THIS EFFORT. INCLUDING THE WIRELESS BUREAU, DON STOCKDALE, SUZANNE, GARDEN, JONATHAN CAMPBELL, STACY FERRARO, LEON, ELI, JONATHAN, MARCUS, BETSY, DARRYL, JENNIFER , JAMING AND DAVID. I ALSO WANT TO THANK THE TEAM AND THE OFFICE OF GENERAL COUNSEL INCLUDING TOM JOHNSON, ASHLEY, BILL RICHARDSON, AND ANGELIE ON THE ITEM AND IT HAS MY SUPPORT.
CHAIRMAN PAI: THANK YOU. COMMISSIONER ROSENWORCEL.
COMMISSIONER ROSENWORCEL: A FEW YEARS AGO AT A SPEECH AT A UNIVERSITY OF COLORADO EVENT, I CALLED ON THE FEDERAL COMMUNICATIONS COMMISSION TO START A PROCEEDING ON WIRELESS INFRASTRUCTURE REFORM. AT THE TIME, I SUGGESTED THAT IF WE WANT BROAD ECONOMIC GROWTH AND WIDESPREAD MOBILE OPPORTUNITY, WE NEED TO AVOID UNNECESSARY DELAYS IN THE STATE AND LOCAL APPROVAL PROCESS. THAT OF COURSE BECAUSE THEY CAN SLOW DEPLOYMENT. I BELIEVED THAT THEN AND I STILL BELIEVE IT NOW. SO WHEN THE F.C.C. KICKED OFF RULE MAKING ON WIRELESS INFRASTRUCTURE LAST YEAR, I HAD HOPES. I HOPED WE COULD PROVIDE A WAY TO ENCOURAGE STREAMLINE DEPLOYMENT NATIONWIDE. I HOPED WE COULD ACKNOWLEDGE THAT WE HAVE A LONG TRADITION OF LOCAL CONTROL IN THIS COUNTRY BUT ALSO RECOGNIZE MORE UNIFORM POLICIES ACROSS THE COUNTRY WILL HELP US IN THE GLOBAL RACE TO BUILD THE NEXT GENERATION OF WIRELESS SERVICES OR 5-G. ABOVE ALL, I HOPED WE COULD SPEED OUR INFRASTRUCTURE DEPLOYMENT BY RECOGNIZING THE BEST WAY TO DO SO IS TO TREAT CITIES AND STATES AS OUR PARTNERS IN ONE RESPECT, TODAY’S ORDER I BELIEVE IS CONSISTENT WITH THAT VISION. WE SHORTEN THE TIME FRAMES PERMITTED UNDER THE LAW FOR STATE AND LOCAL REVIEW OF THE DEPLOYMENT OF SMALL CELLS, WHICH OF COURSE ARE AN ESSENTIAL PART OF 5-G NETWORKS. I THINK THIS IS THE RIGHT THING TO DO BECAUSE THE SHOT CLOCKS WE NOW HAVE WERE DESIGNED AT AN EARLIER ERA FOR MUCH BIGGER WIRELESS FACILITIES. AT THE SAME TIME WE RETAIN THE RIGHT OF STATE AND LOCAL AUTHORITIES TO PURSUE COURT REMEDIES UNDER SECTION 332 OF THE COMMUNICATIONS ACT AND ALL IN ALL THIS STRIKES ME AS AN APPROPRIATE BALANCE. I APPRECIATE THAT MY COLLEAGUES ARE WILLING TO WORK WITH ME TO ENSURE LOCALITIES HAVE TIME TO UPDATE THEIR PROCESSES TO ACCOMMODATE THESE NEW DEADLINES AND THAT THEY ARE NOT UNFAIRLY PREJUDICED BY INCOMPLETE APPLICATIONS. SO I SUPPORT THIS ASPECT OF TODAY’S ORDER. BUT IN THE REMAINDER OF THIS DECISION, MY HOPES DID NOT PAN OUT. INSTEAD OF WORKING WITH OUR STATE AND LOCAL PARTNERS TO SPEED THE WAY TO 5-G DEPLOYMENT, WE CUT THEM OUT. WE TOLD THEM THAT GOING FORWARD WASHINGTON WILL MAKE CHOICES FOR THEM ABOUT WHICH FEES ARE PERMISSIBLE AND WHICH ARE NOT. ABOUT WHAT AESTHETIC CHOICES ARE VIABLE AND WHICH ARE NOT. WITH COMPLETE DISREGARD FOR THE FACT THAT THESE INFRASTRUCTURE DECISIONS DO NOT WORK THE SAME IN NEW YORK, NEW YORK, AND NEW YORK, IOWA. SO IT COMES DOWN TO THIS, THREE UNELECTED OFFICIALS ON THIS DIE AS ARE TELLING STATE AND LOCAL LEADERS ALL ACROSS THE COUNTRY WHAT THEY CAN AND CANNOT DO IN THEIR OWN BACKWARDS.
THIS IS EXTRAORDINARY FEDERAL OVERREACH, AND I DON’T BELIEVE THAT THE LAW PERMITS WASHINGTON TO RUN ROUGHSHOD OVER STATE AND LOCAL AUTHORITY LIKE THIS, AND I WORRY THAT THE LITIGATION THAT FOLLOWS WILL ONLY SLOW OUR 5-G FUTURE. FOR STARTERS, THE 10TH AMENDMENT RESERVES POWERS TO THE STATES THAT ARE NOT EXPRESSLY GRANTED TO THE FEDERAL GOVERNMENT. IN OTHER WORDS, THE CONSTITUTION SET UP A SUBSTITUTION OF DUAL SELF REMEDY THAT INFORMS ALL OF OUR LAWS. TO THIS END, SECTION 253 BOUNCES THE INTERESTS OF STATE AND LOCAL AUTHORITIES WITH THIS AGENCY’S RESPONSIBILITY TO EXPAND THE REACH OF COMMUNICATION SERVICE. WHILE SECTION 253-A IS CONCERNED WITH STATE AND LOCAL REQUIREMENTS THAT MAY PROHIBIT OR EFFECTIVELY PROHIBIT SERVICE, SECTION 253-D PERMITS PREEMPTION ONLY ON A CASE BY CASE BASIS AFTER NOTICE AND COMMENT. WE DO NOT DO THAT HERE. MOREOVER, THE ASSERTION THAT FEES ABOVE COST OR LOCAL AESTHETIC REQUIREMENTS IN A SINGLE CITY ARE TANTAMOUNT TO A SERVICE PROHIBITION ELSEWHERE STRETCHES THE STATUTE BEYOND WHAT CONGRESS INTENDED AND LEGAL PRECEDENT AFFORDS. IN ADDITION, THIS DECISION IRRESPONSIBLY INTERFERES WITH EXISTING AGREEMENTS AND ONGOING DEPLOYMENT ALL ACROSS THE COUNTRY. THERE ARE THOUSANDS OF CITIES AND TOWNS WITH AGREEMENTS FOR INFRASTRUCTURE DEPLOYMENT, INCLUDING FOIFING WIRELESS FACILITIES THAT WERE NEGOTIATED IN GOOD FAITH. SO MANY OF THEM COULD BE TORN APART BY OUR ACTIONS HERE. IF WE WANT TO ENCOURAGE INVESTMENT, UPENDING COMMITMENTS MADE IN BINDING CONTRACTS IS A CURIOUS WAY TO GO. TAKE SAN JOSE, CALIFORNIA, EARLIER THIS YEAR, IT ENTERED INTO AGREEMENTS WITH THREE PROVIDERS FOR THE LARGEST SMALL CELL DRIVEN BROADBAND DEPLOYMENT OF ANY CITY IN THE UNITED STATES. THESE PARTNERSHIPS WOULD LEAD TO 4,000 SMALL CELLS ON CITY OWNED LIGHT POLES AND MORE THAN 500 MILLION OF PRIVATE SECTOR INVESTMENT. OR TAKE LITTLE ROCK, ARKANSAS, WHERE LOCAL REFORMS TO THE PERMITTING PROCESS HAVE PUT IT ON COURSE TO BECOME ONE OF THE FIRST CITIES TO BENEFIT FROM FOIFING — 5-G SERVICE. OR TAKE TROY, OHIO, THIS TOWN OF UNDER 26,000 HAVE SPENT TIME AND ENERGY TO DEVELOP STREAMLINED PROCEDURES TO GOVERN THE PLACEMENT, INSTALLATION AND MAINTENANCE OF SMALL CELL FACILITIES IN A WAY THAT WORKS FOR THEIR COMMUNITY. OR TAKE AUSTIN, TEXAS, IT HAS BEEN EXPERIMENTING WITH SMART CITY INITIATIVES TO IMPROVE TRANSPORTATION AND HOUSING AVAILABILITY AND AS PART OF THIS BROADER INITIATIVE, IT STARTED A PILOT PROJECT TO DEPLOY SMALL CELLS AND IT HAS ALREADY SECURED AGREEMENT WITH MULTIPLE PROVIDERS. THIS DECLARATORY RULING HAS THE POWER TO UNDERMINE ALL OF THESE AGREEMENTS AND COUNTLESS MORE JUST LIKE THEM. IN FACT, TOO MANY MUNICIPALITIES TO COUNT, FROM OMAHA TO OVER LAND PARK, CINCINNATI TO CHICAGO AND LOS ANGELES TO LOUISVILLE HAVE CALLED ON THE F.C.C. TO HALT THIS FEDERAL INVASION OF LOCAL AUTHORITY. THE NATIONAL GOVERNOR’S ASSOCIATION AND NATIONAL CONFERENCE OF STATE LEGISLATURES HAVE ASKED US TO STOP BEFORE DOING THIS DAMAGE. THE SENTIMENT IS SHARED BY THE UNITED STATES CONFERENCE OF MAYORS, NATIONAL LEAGUE OF CITIES, NATIONAL ASSOCIATION OF COUNTIES, AND GOVERNMENT FINANCE OFFICERS ASSOCIATION. IN OTHER WORDS, EVERY MAJOR STATE AND MUNICIPAL ORGANIZATION HAS EXPRESSEDED CONCERN ABOUT HOW WASHINGTON IS SEEKING TO ASSERT NATIONAL CONTROL OVER LOCAL INFRASTRUCTURE CHOICES, AND IN THE PROCESS STRIPPING LOCAL ELECTED OFFICIALS AND THE CITIZENS THEY REPRESENT OF A VOICE. YET CITIES AND STATES ARE TOLD NOT TO WORRY BECAUSE WITH THESE NATIONAL POLICIES, WIRELESS PROVIDERS WILL SAVE AS MUCH AS $2 BILLION IN COST WHICH IS WILL SPUR DEPLOYMENT IN REGULAR AREAS. BUT COME TO THE TEXT OF THIS DECISION, YOU WILL NOT FIND A SINGLE COMMITMENT MADE TO PROVIDING MORE SERVICE IN REMOTE COMMUNITIES. LOOK FOR ANY STATEMENTS MADE TO WALL STREET. NOT ONE WIRELESS CARRIER HAS SAID THIS ACTION WILL RESULT IN A CHANGE IN ITS CAPITAL EXPENDITURES IN RURAL AREAS. AS RONALD REAGAN FAMOUSLY SAID, TRUST BUT VERIFY. YOU CAN TRY TO FIND IT HERE BUT THERE IS NO VERIFICATION. THAT’S BECAUSE THE HARD ECONOMICS OF DEPLOYMENT IN RURAL AREAS DO NOT CHANGE WITH THIS DECISION. MOREOVER, THE ASSERTED $2 BILLION IN COST SAVINGS REPRESENTS NO MORE THAN 1% OF INVESTMENT NEEDED FOR NEXT GENERATION NETWORKS. IT DIDN’T HAVE TO BE THIS WAY. SO LET ME OFFER THREE IDEAS GOING FORWARD. FIRST, WE NEED TO BE UPFRONT AND ACKNOWLEDGE WE HAVE A HISTORY OF LOCAL CONTROL IN THIS COUNTRY BUT ALSO RECOGNIZE THAT MORE UNIFORM POLICIES CAN HELP US BE FIRST TO THE FUTURE, SO HERE’S AN IDEA. LET’S FLIP THE SCRIPT AND BUILD A NEW FRAMEWORK. WE CAN START WITH DEVELOPING MODEL COATS FOR SMALL CELLS AND FOIFING — 5-G DEPLOYMENT AND MAKE SURE THEY’RE SUPPORTED BY STATE AND LOCAL OFFICIALS AND NEED TO REVIEW EVERY POLICY PROGRAM FROM UNIVERSAL SERVICE TO GRANTS AND LOW COST LOANS AT THE DEPARTMENT OF COMMERCE, DEPARTMENT OF AGRICULTURE, AND DEPARTMENT OF TRANSPORTATION AND BUILD INCENTIVES TO USE THESE MODELS. IN THE PROCESS, WE CREATE A MORE COMMON SET OF PRACTICES NATIONWIDE. BUT TO DO SO WE WOULD USE CARROTS INSTEAD OF STICKS. SECOND, THIS AGENCY NEED TO OWN UP TO THE IMPACT OF OUR TRADE POLICIES ON 5-G DEPLOYMENT. IN THIS DECISION, WE GO ON AT LENGTH ABOUT THE COST OF LOCAL REVIEW BUT ARE EERILY SILENT WHEN IT COMES TO THE CONSEQUENCES OF NEW NATIONAL TARIFFS ON NETWORK DEPLOYMENT. AS A RESULT OF OUR ESCALATING TRADE WAR WITH CHINA, BY THE END OF THIS YEAR WE’LL HAVE A 25% TAX ON ANTENNA SWITCHES AND ROUTERS, THE MOST ESSENTIAL NETWORK FACILITIES NEEDED FOR 5-G DEPLOYMENT. THAT’S A REAL COST AND THERE’S NO DOUBT IT WILL DIMINISH OUR ABILITY TO LEAD THE WORLD IN THE DEPLOYMENT OF FIFLING.– OF 5-G. FINALLY, IN THIS DECISION THE F.C.C. TREATS THE CHALLENGE OF SMALL CELL DEPLOYMENT WITH A BIASED TOWARDS MORE REGULATION FROM WASHINGTON RATHER THAN MORE CREATIVE MARKETPLACE SOLUTIONS. BUT WHAT IF INSTEAD WE FOCUSED OR EFFORTS ON CORRECTING THE MARKET FAILURE AT ISSUE? WHAT IF INSTEAD OF MICROMANAGING COSTS, WE FOSTERED COMPETITION? ONE INNOVATIVE WAY TO DO THIS INVOLVES DUSTING OFF OUR 20-YEAR-OLD OVER THE AIR RECEPTION DEVICE RULES OR OTARD RULES AND WERE DESIGNED TO PROTECT HOMEOWNERS AND RENTERS FROM LAWS THAT RESTRICTED THEIR ABILITY TO SET UP BROADCAST ANTENNAS ON PRIVATE PROPERTY AND IN MOST CASES ACCOMPLISHED THIS BY PROVIDING THE RIGHT TO INSTALL EQUIPMENT ON PROPERTY YOU CAN CONTROL. AND THIS EQUIPMENT FOR VIDEO RECEPTION WAS ROUGHLY THE SIZE OF A PIZZA BOX. TODAY OTRD RULES DO NOT TAKE IN SMALL CELLS BUT WE CAN FIX OUR RULES AND IF WE DID MORE BENEFITS WOULD FOLLOW. BY CITING MORE OGSES FOR SMALL CELLS WE WOULD PUT PUBLIC PRESSURE ON PUBLIC RIGHTS-OF-WAYS AND BRING DOWN FEES THROUGH COMPETITION INSTEAD OF THE GOVERNMENT RATE MAKING MY COLLEAGUES PREFER. MOROR THIS APPROACH WOULD CREATE MORE OPPORTUNITIES FOR RURAL DEPLOYMENT BY GIVING PROVIDERS MORE CITING AND BACK HAUL OPTIONS AND CREATING NEW USE CASES FOR SIGNAL BOOSTERS. ADD THIS UP AND YOU GET MORE COMPETITIVE, MORE UBIQUITOUS AND LESS COSTLY 5-G DEPLOYMENT. WE DON’T EXPLORE THESE MARKET BASED ALTERNATIVES IN TODAY’S DECISION, WE DON’T SAY A THING ABOUT THE REAL COSTS THAT TARIFFS IMPOSE ON OUR EFFORTS AT 5-G LEADERSHIP. AND WE DON’T CONSIDER CREATIVE INCENTIVE BASED SYSTEMS TO FOSTER DEPLOYMENT ESPECIALLY IN RURAL AREAS. BUT ABOVE ALL, WE NEGLECT THE OPPORTUNITY TO RECOGNIZE WHAT IS MOST FUNDAMENTAL. IF WE WANT TO SPEED THE WAY FOR 5-G SERVICE, WE NEED TO WORK WITH CITIES AND STATES ACROSS THE COUNTRY BECAUSE THEY ARE OUR PARTNERS. FOR THIS REASON, IN CRITICAL PART, I DESCENT.
CHAIRMAN PAI: THANK YOU, COMMISSIONER. PERHAPS THE DEFINING CHARACTERISTIC OF THE COMMUNICATION SECTOR OVER THE PAST DECADE IS THAT THE WORLD IS GOING WIRELESS. THE SMART PHONE INTRODUCTION IN 2007 MAY HAVE SEEMED TO SOME AT THE TIME AN INTERESTING NO ELTY. BUT IT WAS A PRECURSOR OF A TRANSFORMTIVE CHANGE IN HOW CONSUMERS ACCESS AND USE THE INTERNET.4-G L.T.E. WAS A KEY DRIVER IN THAT CHANGE. TODAY A NEW TRANSITION IS AT HAND AS WE ENTER THE ERA OF 5-G. AT THE F.C.C., WE’RE WORKING HARD TO ENSURE THAT THE UNITED STATES LEADS THE WORLD IN DEVELOPING THIS NEXT GENERATION OF WIRELESS CONNECTIVITY SO THAT THE AMERICAN CONSUMERS AND OUR NATION’S ECONOMY ENJOY THE IMMENSE BENEFITS THAT 5-G WILL BRING. SPECTRUM POLICY OF COURSE FEATURES PROMINENTLY IN OUR 5-G STRATEGY. WE ARE PUSHING A LOT MORE SPECTRUM IN THE COMMERCIAL MARKETPLACE. NOVEMBER 14, FOR EXAMPLE, OUR 28 GIGAHERTZ BAND SPECTRUM AUCTION WILL BEGIN AND AFTER IT END OUR 24 GIGAHERTZ BAND SPECTRUM AUCTION WILL START. IN 2019 WE PLAN TO AUCTION OFF THREE ADDITIONAL SPECTRUM BANDS. BUT ALL THE SPECTRUM IN THE WORLD WON’T MATTER IF WE DON’T HAVE THE INFRASTRUCTURE NEEDED TO CARRY 5-G TRAFFIC. NEW PHYSICAL INFRASTRUCTURE IS VITAL FOR SUCCESS IN 5-G. THAT’S BECAUSE 5-G NETWORKS WILL DEPEND LESS ON A FEW LARGE TOWERS AND MORE ON NUMEROUS SMALL CELL DEPLOYMENTS, DEPLOYMENTS THAT FOR THE MOST PART DON’T EXIST TODAY. BUT IN SMALL CELLS — INSTALLING SMALL CELLS ISN’T EASY TOO OFTEN BECAUSE OF REGULATIONS. THERE ARE LAYERS OF SOMETIMES UNNECESSARY AND UNREASONABLE RULES THAT PREVENT WIDESPREAD DEPLOYMENT. AT THE FEDERAL LEVEL, WE ACTED EARLIER THIS YEAR TO MODERNIZE OUR REGULATIONS AND MAKE OUR OWN REVIEW PROCESS FOR WIRELESS INFRASTRUCTURE 5-G FAST. IN MANY STATES AND LOCALITIES HAVE SIMILARLY TAKEN POSITIVE STEPS TO REFORM THEIR OWN LAWS AND INCREASE THE LIKELIHOOD THEIR CITIZENS WILL BE ABLE TO BENEFIT FROM 5-G NETWORKS. BUT AS THIS ORDER MAKES CLEAR, THERE ARE OUTHIGHERS THAT ARE UNREASONABLY STANDING IN THE WAY OF WIRELESS INFRASTRUCTURE DEPLOYMENT SO TODAY WE ADDRESS REGULATORY BARRIERS AT THE LOCAL LEVEL THAT ARE INCONSISTENT WITH FEDERAL LAW. FOR INSTANCE, BIG CITY TAXES ON 5-G SLOWED DOWN DEPLOYMENT THERE AND ALSO JEOPARDIZED THE CONSTRUCTION OF 5-G NETWORKS AND SUBURBS IN RURAL AMERICA. SO TODAY WE FIND THAT ALL FEES MUST BE NONDISCRIMINATORY AND COST BASED. THAT IS NOT A RADICAL DECISION. YOU CAN’T DISCRIMINATE AND THE COSTS HAVE TO BE REFLECTIVE IN THE RATES CHARGED. AND WHEN THE MUNICIPALITY FAILS TO ACT ON POLITICS IT CAN SLOW DOWN DEPLOYMENT IN MANY LOCALITIES SO WE MANDATE SHOT CLOCKS FOR LOCAL GOVERNMENT REVIEW OF SMALL WIRELESS INFRASTRUCTURE DEPLOYMENTS. I SALUTE COMMISSIONER CARR FOR HIS LEADERSHIP IN DEVELOPING THIS ORDER. HE WORKED VERY CLOSELY WITH MANY STATE AND LOCAL OFFICIALS TO UNDERSTAND THEIR NEEDS AND TO STUDY THE POLICIES THAT HAVE WORKED AT THE STATE AND LOCAL LEVEL. IT SHOULD THERE COME AS NO SURPRISE THIS ORDER HAS ONE SIGNIFICANT SUPPORT FROM MAYORS, LOCAL OFFICIALS AND STATE LEGISLATURES. TO BE SURE, THERE ARE SOME LOCAL GOVERNMENTS THAT DON’T LIKE THIS ORDER. THEY WOULD LIKE TO CONTINUE EXTRACTING AS MUCH MONEY AS POSSIBLE IN FEES FROM THE PRIVATE SECTOR, AND FORCING COMPANIES TO NAVIGATE A MAZE OF UNNECESSARY HURDLES TO DEPLOY WIRELESS INFRASTRUCTURE. THESE ACTIONS ARE NOT ONLY UNLAWFUL BUT SHORTSIGHTED. THEY SLOW THE CONSTRUCTION OF 5-G NETWORKS AND WILL DELAY IF NOT PREVENT THE BENEFITS OF 5-G FROM REACHING AMERICAN CONSUMERS. LET’S ALSO BE CLEAR ABOUT ONE THING, WHEN YOU RAISE THE COST OF DEPLOYING WIRELESS INFRASTRUCTURE, IT’S THOSE WHO LIVE IN THE AREAS WHERE THE INVESTMENT CASE IS THE MOST MARGINAL, RURAL AREAS OR LOWER INCOME URBAN AREAS WHO ARE MOST AT RISK AT LOSING OUT. AND I DON’T WANT 5-G TO WIDEN THE DIGITAL DIVIDE. I WANT 5-G TO HELP CLOSE THAT DIVIDE. IN CONCLUSION, I WOULD LIKE TO AGAIN COMMEND COMMISSIONER CARR FOR LEADING THIS EFFORT AND TO HIS STAFF FOR THEIR DILIGENT WORK. AND I’M ALSO GRATEFUL TO THE HARD-WORKING STAFF ACROSS THE AGENCY WHO HAVE PUT MANY HOURS INTO THIS ORDER, IN PARTICULAR THANKS TO THE WIRELESS TELECOMMUNICATIONS BUREAU, THE WIRELINE COMPETITION BUREAU, THE OFFICE OF COMMUNICATIONS BUSINESS OPPORTUNITIES, AND THE OFFICE OF GENERAL COUNSEL. WE’LL NOW PROCEED TO A VOTE ON THE ITEM. COMMISSIONER O’REILLY.
>> AYE.
>> COMMISSIONER CARR?
COMMISSIONER ROSENWORCEL: APPROVE IN DISSENT AND PART.
CHAIRMAN PAI: THANKS TO THE STAFF FOR THE GREAT WORK. MADAM CHAIRWOMAN, CONGRATULATIONS, MADAM SECRETARY, COULD YOU PLEASE TAKE US TO THE NEXT ITEMS ON TODAY’S AGENDA.