Carr Not 'Counting' Local Yeas, Nays on Infrastructure Plan

Commissioner Brendan Carr said he will issue a news release in coming days detailing state and local supporters for the draft ruling. Few groups have filed since the draft circulated. Carr, who championed such FCC actions, wasn’t surprised by the opposition of national groups representing local governments (see 2005260036).

“The positions asserted by the national associations really haven’t varied this much from proceeding,” the commissioner said. Their “posture” was the same when the FCC first adopted rules implementing Section 6409 six years ago (see 1410170048), he said. “Any time the FCC addresses the decisions that Congress has made about siting … you’re going to automatically see pushback from some state and local entities. I get that.”

“It’s going to benefit so many communities, including rural America,” Carr said. State and local government positions “prevailed” in the draft “on some important issues,” he said: “Their participation has been important.” The FCC’s review of the item isn’t “a counting exercise by any stretch,” he said. Congress “made the decision” that collocation “shouldn’t go through the same process that applies for entirely new towers.” That was Congress’ call to make and the commission is providing clarity, he said.

The “minutiae” of the proposal isn’t “bubbling up right now” from National Association of Counties members focused on coronavirus response, said NACo Associate Legislative Director Arthur Scott. Counties want high-speed internet but “are a little busy at the triage,” he said. Scott couldn’t tell which local governments Carr cited as support. A “handful” probably doesn’t reflect more than 3,000 county governments, he said.

Groups have sought to delay the vote, unsuccessfully so far. NACo seeks until late summer to consider the proposal. “We want to make sure that local governments are able to offer their insights ... into how this would impact their on-the-ground operations,” Scott said. He agreed the pandemic shows broadband’s importance but making policies hastily won’t help, he said. Not hearing from local governments means not hearing the residents they represent, he said.

Library Wi-Fi

In Cheyenne, people are camping outside libraries to get Wi-Fi due to the pandemic shutdown, said Orr. “To try to get things moving along is absolutely essential.”

The mayor doesn’t have preemption concerns “in this case,” she said. “Guidance is a good thing.” Orr has spoken to mayors across the country who agree on the need for connected cities, she said. It’s unfair to ask the FCC to delay due to localities focusing on pandemic response, the mayor said. “It’s important to move forward, and I have yet to see government move quickly.” Cheyenne responded to the commission’s previous infrastructure orders by writing a law to “fall in line with the FCC” to enable 5G rollout, she said. The city doesn’t have 5G deployment yet, but is “ready to go locally,” she said.

Commissioners in Yellowstone County, Montana, wrote the FCC that they support the ruling. "We have people who moved to Montana ... before the COVID-19 who were working remotely,” Commissioner Donald Jones told us Friday. 5G “makes it faster, more efficient, everything that will make their jobs easier. Bottom line, it’s the newest technology that we need to stay even with or ahead of the curve.”

Supportive localities “do not speak for even a significantly thoughtful minority, let alone the majority of communities and residents across this country,” emailed Kitch telecom attorney Mike Watza. He said he has heard no support from hundreds of Michigan municipalities and groups he represents. Localities don’t have resources amid COVID-19 to write detailed comments on and possibly later appeal another FCC preemption plan, Watza said. It’s “not merely ‘swapping’ new for old infrastructure,” he said. “Like this FCC’s last three years of similar, unprecedented, unconstitutional, arbitrary and capricious intrusions into the governance of local neighborhoods and taking of our taxpayer supported properties, this latest order will grant the wireless industry ... more unregulated and uncompensated occupation of our [right of way] and other public spaces.”

“It’s rare that every city official agrees on everything,” but the Texas Municipal League and National League of Cities oppose the current proposal, emailed the Texas league’s Executive Director Bennett Sandlin. Almost all city officials want better broadband, he said. “Taking away the ability of citizens, through their elected city council, to have a voice in what their community looks like isn’t the way to accomplish that.”

Lobbying

Lobbying continues, meanwhile.

Western Skies Strategies distributed a template letter for local governments to support the order and explain why broadband is important at the commission, showed a Tuesday email we obtained. The lobbying firm asked that all letters in the campaign be submitted to the FCC by Friday.

"A version of this update has been circulated to various stakeholders across the country," emailed Western Skies' Lia Biondo. She said it represents agriculture and rural interests seeking broadband including the American Dairy Coalition, U.S. Cattlemen’s Association and the Rural & Agriculture Council of America. "Our members are enthusiastic about the proposed 5G Upgrade Order, and the improvements that it brings," Biondo said.

In other new filings in docket 19-250, American Tower representatives told an aide to Chairman Ajit Pai the FCC should adopt the ruling. The League of Nebraska Municipalities said: “While Nebraska Cities and Villages are strongly in favor of 5G deployment, they also recognize that an orderly process that protects neighbors is also important.”

Carr misses being able to travel to meet with local officials but said he continues to stay in touch through video calls, including on the wireless infrastructure item. The message has been “we want better, we want faster, we want cheaper high-speed internet services in our community,” he said. “I certainly look forward to hitting the road again."