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.