NATOA Asks FCC to Stay Out of Bluebird Scuffle; Industry Wants Intervention
Don’t use an industry dispute with three Missouri cities as a “basis for a sweeping preemption of local governments’ rights of way ordinances and fees,” NATOA replied to a petition from Bluebird Network and Uniti Leasing (see 2003240036). The FCC…
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shouldn’t intervene because Telecom Act Section 253 says local governments shouldn’t have to go to Washington, D.C., to defend local actions, NATOA said. That’s especially so with the petition that’s “fraught with factual disagreements that preclude resolution through a declaratory ruling on this record,” it said. Pre-empting the Missouri cities' “unlawful duplicative fees ... will set a meaningful precedent for other similarly-situated localities,” T-Mobile replied. It would show FCC support for telecom deployment, said Crown Castle. The FCC “would be comfortably within precedent” if it determines duplicative obligations are preempted and clarifies that “any fees in excess of a locality’s reasonable costs run afoul of Section 253,” said Bluebird and Uniti: It “would pave the way for the quick resolution of this matter and ... create a clear standard that would reduce uncertainty and speed the deployment of broadband facilities nationwide.” Replies were posted through Wednesday in docket 20-46.