Dive Brief:
- The U.S. Conference of Mayors (USCM) said in a statement that it would sue the Federal Communications Commission (FCC) if the commission does not change a proposed policy that would preempt local control in a bid to streamline installation of 5G wireless infrastructure.
- The National Association of Counties is also opposing the proposal, telling POLITICO it would "effectively prevent local governments from properly examining the impact that construction, modification or installation of broadcasting facilities may have on public health, safety and welfare of the local community."
- The proposal from FCC commissioner Brendan Carr would bar municipal laws prohibiting deployment of 5G small cells and would set deadlines for municipalities to approve or disapprove applications to install small cells or build new poles. The plan is set for a vote on Sept. 26.
Dive Insight:
Carr’s proposal, which he made last week in Indianapolis, is designed to streamline installation of the small cells necessary to get 5G off the ground. While Telecoms have been bullish about giving some cities 5G coverage by the end of the year and expanding quickly after that, infrastructure remains a barrier — a recent Deloitte report found that the U.S. lags behind China in installing the small antennas necessary to give dense 5G coverage, and the wireless industry has called for rules that would streamline installation on existing utility poles and construction of new ones.
Cities and states, however, are balking at what they say would cede local control. In a statement, USCM CEO Tom Cochran said
“the unprecedented federal intrusion would 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.”
The public rebuke also comes after several cities in California have passed rules barring new 5G installations over health findings. Elsewhere, cities and residents have complained about new poles, the flurry of applications that officials have to process and revenue impacts.
Carr, for his part, told POLITICO that he is working with local officials. Carr has touted that the proposed rule is based on rules passed by 20 states. The conflict could pose a roadblock to 5G installation, potentially delaying installation outside of major cities where infrastructure is already being built.
Recommended Reading:
- Link to U.S. Conference of Mayors Statement by U.S. Conference of Mayors CEO & Executive Director Tom Cochran on FCC’s Order Proposing to Usurp Local Property Rights
- Link to National Association of Counties FCC announces plan to accelerate 5G deployment, limiting local control
- Link to Wall Street Journal Across the U.S., 5G Runs Into Local Resistance
- Samsung: 5G Steerable Beams of RF Microwave Radiation Extend 2,000 Feet https://youtu.be/SDRMsg_r_Ss?t=47m45s
Samsung: 5G Steerable Beams of RF Microwave Radiation Extend 2,000 Feet
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.”