For USA people HR 530

For USA people HR 530

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This email includes:
1. Bill Text for HR 530
2. Giving context to our preemption trials!! Coverage of the abundance of cases where preemption over local authority removes the public’s ability and right to protect our health.
3. More coverage of HR 530

1. Bill Text for HR 530

“On Tuesday, California Congresswoman Anna Eshoo (D-CA) introduced HR 530  arguing that the regulator had forced the legislative branch to act because it [the FCC] had ‘failed to listen to reasonable input from communities across the country, cowered to industry interests, and failed to put the public interests first.’
 
Though the text of the bill has not yet been posted, Scientists For Wired Tech requested and received it from Eshoo’s office directly: http://scientists4wiredtech.com/wp-content/uploads/2019/01/2019-0114-HR-530.pdf
The bill is short and sweet…nothin’ to it!
  1. SEC. 2. PRESERVATION OF RIGHTS OF STATE AND LOCAL

  2. 2  GOVERNMENTS.

  3. 3  Actions by the Federal Communications Commission

  4. 4  in ‘‘Accelerating Wireless and Wireline Broadband De-

  5. 5  ployment by Removing Barriers to Infrastructure Invest-

  6. 6  ment’’ (83 Fed. Reg. 51867) and the Federal Communica-

  7. 7  tions Commission’s Declaratory Ruling in ‘‘Third Report

  8. 8  and Order and Declaratory Ruling’’ (FCC 18–111) shall

  9. 9  have no force or effect. 

  1. Thankfully, more and more people are making it clear they will not stand for having a cell tower antenna placed in front of their home.

  1. Kate

 
Business  Policy
US comms watchdog’s industry-friendly 5G rules challenged by fresh legislation
California Congresswoman claims FCC ‘failed to listen to reasonable input’
By Kieren McCarthy in San Francisco 16 Jan 2019 at 20:5214 
America’s comms watchdog – the FCC – has controversially forced local governments to charge a flat fee for 5G cell towers. It’s a move opposed by everyone except the mobile operators, and has been challenged by new legislation.

On Tuesday, California Congresswoman Anna Eshoo (D-CA) introduced HR 530, arguing that the regulator had forced the legislative branch to act because it had “failed to listen to reasonable input from communities across the country, cowered to industry interests, and failed to put the public interests first.”

She went on: “5G must be deployed responsibly and equitably [but] the FCC let industry write these regulations without sufficient input from local leaders.”

Eshoo is backed up by the mayor of San Jose, Sam Liccardo, who has been a vocal opponent to the rules. “This legislation will preserve the ability of local communities to negotiate fair, market-based broadband deployment agreements and close the digital divide that exists for 34 million low-income and rural Americans,” he argued.

Liccardo’s opposition, especially an op-ed in the New York Times that argued the move would expand, rather than narrow, the digital divide, sparked a bizarre response by the FCC Commissioner pushing the measure, Brendan Carr, who attacked the mayor for failing to approve any 5G sites and then, when it was pointed out he was wrong and 82 sites had been approved, attacked Liccardo for approving them.

The legislation is also backed by the National League of Cities, the National Association of Counties and the National Association of Telecommunications Officers and Advisors – all of whom formally expressed their opposition to the plans last year but were roundly ignored by the FCC leadership.

More noes
Other high-profile opponents to the rules include the cities of New York, Los Angeles, San Francisco, Philadelphia, Chicago, Las Vegas, San Diego and Seattle. And there are currently no less than six lawsuits challenging the legality of the rules.

The rushed approval of the flat-fee 5G rates is just one example of how the current FCC leadership under Ajit Pai has both introduced new rules and removed old ones that appear designed to benefit a single stakeholder: the telco industry. Other examples include the removal of net neutrality rules, the removal of privacy rules, lifting of ownership rules, and the stacking of committees with industry representatives.

Pai’s actions have earned frequent rebukes from lawmakers and his own commissioners and sparked several internal investigations. But thanks to his carefully handling of policy issues and by stacking the Commission with his former advisor Brendar Carr, Pai has been able to escape serious censure.

Both Pai and Carr previously worked for the industry that are supposed to be overseeing: Pai was an associate general counsel with Verizon, and Carr worked for AT&T, Verizon and the two main telcos trade associations as a lawyer-lobbyist while at law firm Wiley Rein.

But, although the FCC is a semi-autonomous arm of the executive branch, Congress is a greater authority and the legislature can override the regulator’s rules.

As such the Accelerating Wireless Broadband Development by Empowering Local Communities Act of 2019 would specifically overturn the FCC’s 5G regulations which impose a flat fee of $270 per year per 5G site with a $500 application fee for the first five applications and $100 thereafter. It also obliges local governments to make a decision on applications for new cell sites within three months and removes several common reasons for denying such applications.

Phantom investment
The FCC claims that this imposed solution will remove $2bn in “unnecessary fees” and lead to $2.5bn in additional network investment. But local governments say the rules not only undermine existing agreements but that the imposed fees won’t cover the cost of maintaining the sites.

ostrich
They also question the claim that it will lead to greater investment with the city of San Francisco formally complaining that there is “no basis for concluding that the Proposed Order will increase investment in rural areas or anywhere else.” In subsequent earnings call, several telcos have openly admitted that the new rules won’t affect their network investment plans.

It remains to be seen how much support Eshoo’s bill can elicit, but there is a good chance it will proceed. The recent majority takeover of the House of Representatives by the Democratic Party will help and the fact that the issue will pitch local and city governments against corporations means that the issue may break out of the usual partisan rut.

Either way, what the legislation should signal to the FCC is that it is supposed to be an independent regulator to take all views into account and strikes the best compromise between them in the public interest, rather than act as an agent of one industry’s desires. Unfortunately, the current FCC leadership is more prone to self-promotion than self-reflection. ®


2. Giving context to our preemption trials!! Coverage of the abundance of cases where preemption over local authority removes the public’s ability and right to protect our health.

January 18, 2019 Preemption Watch Newsletter

Research

“State Preemption: Threat to Democracy, Essential Regulation, and Public Health”
Jennifer L. Pomeranz, JD, MPH, Leslie Zellers, JD, Michael Bare, MPH, Patricia A. Sullivan, Mark Pertschuk, JD. American Journal of Public Health (February 2019, Vol 109, No. 2).

Modern preemption represents the convergence of industry-sponsored deregulation and an undermining of local democracy…State legislatures have gone so far as to eliminate their own ability to act on a wide range of issues while preempting local control over these same issues. States also have enacted punitive preemptive measures [“super-preemption”] under which local governments and officials can be subject to civil and even criminal penalties for adopting legislation that may be contrary to state law. Stakeholders and advocates across public health topic areas can work together to present a stronger opposition to preemption and support minimum standards that strengthen the health of all communities.

“Key Drivers of State Preemption of Food, Nutrition, and Agriculture Policy: A Thematic Content Analysis of Public Testimony”
Jennifer L. Pomeranz, JD, MPH and Mark Pertschuk, JD. American Journal of Health Promotion (2019).

This study provides new evidence on the arguments made in support and opposition to preemption of food and agriculture policy. Like previous research, we found that proponents of preemption primarily argued that statewide or even federal standards were preferable and that preemption was necessary to protect businesses and consumers. Conversely, opponents primarily argued that local control was necessary and beneficial for local businesses, communities, and community members using arguments related to local democracy, public health, and healthy food access. Opponents made the majority of arguments and engaged in persuasive messaging. Nonetheless, Kansas enacted this law, broadly preempting state and local control over multiple food and nutrition policy and agricultural topics. This indicates that more is relevant to passage of preemption than the frequency of sophisticated messaging at the hearing stage. Specifically, 3 pivotal key themes emerged that shed light on some of the true underlying issues that drove passage of preemption in Kansas.

National

Broadband & Wireless

New FCC Shot Clocks and Other Rules Preempting Local Authority Over Wireless Take Effect Today – Federal Shutdown Does Not Delay Implementation
JDSUPRA, 1/15/2019

A pair of orders by the 10th Circuit U.S. Court of Appeals in the litigation over the FCC’s controversial small cell order were issued Thursday. First, the court denied local government requests to stay the FCC’s small cell order pending resolution of the litigation. That means most of the FCC’s small cell order went into effect today. Second, the 10th Circuit granted local government requests to transfer the small cell order appeal back to the Ninth Circuit. That means both the small cell order and the FCC’s earlier moratorium order will be heard together in the Ninth Circuit. The FCC orders do not preempt state laws that may limit control over wireless facilities — both state and federal requirements apply, and if there is a conflict, the rule that most limits local authority will control. Here is what to expect going forward.  

ESHOO INTRODUCES LEGISLATION TO RESTORE LOCAL CONTROL IN DEPLOYMENT OF 5G
Press Statement, Congresswoman Anna G. Eshoo, 1/15/2019

WASHINGTON, D.C. – Yesterday Congresswoman Anna G. Eshoo (CA-18) introduced H.R. 530, the Accelerating Wireless Broadband Development by Empowering Local Communities Act of 2019, legislation to overturn Federal Communications Commission (FCC) regulations limiting the ability of local governments to regulate the deployment of 5G wireless infrastructure.

“Having served in local government for a decade on the San Mateo County Board of Supervisors, I understand and respect the important role that state and local governments play in protecting the welfare of their residents,” said Rep. Eshoo. “5G is essential for our country’s communications network and economy, but it must be deployed responsibly and equitably. The FCC let industry write these regulations without sufficient input from local leaders. This has led to regulations that restrict cities from requiring carriers to meet the needs of communities in which they want to operate.”

Democrats aren’t buying a proposal for big tech to write its own privacy rules
The Verge, 1/14/2019

For the past year, discussions involving data privacy have heated up in Congress, and new federal legislation now seems inevitable. Today, a leading technology policy think tank, supported by Google, Amazon, and Facebook, proposed a “grand bargain” with lawmakers, arguing that any new federal data privacy bill should preempt state privacy laws and repeal the sector-specific federal ones entirely.

Chemical Safety

Analysis: Wins and Losses in the Farm Bill—Time for a Green New Deal 
Beyond Pesticides, 12/19/2018

The good. Our major victory in the Farm Bill does not move us forward, but simply protects the status quo of our democracy—protecting the power of states and local government to adopt pesticide restrictions that are more stringent than the federal government. 

Colorado

Longmont City Council, state legislators talk politics, proposed bills
Longmont Times-Call, 1/16/2019

The state legislative delegation that represents Longmont and its residents stands a better chance this year of seeing more of its bills become law than was the case in the prior four years — particularly when those proposed laws involve such issues as whether to increase local control over oil and gas operations.

EDITORIAL: Colorado is ready for local control over oil and gas drilling and fracking
Sentinel Editorial Board, 1/16/2019

The Colorado Supreme Court issued more than a decision this week on whether the state should choose health interests over oil and gas commerce, the justices virtually issued an edict: Write a new law.

The state’s high court ruled unanimously Jan. 14 that current law does not permit Colorado oil and gas commissioners to make health and environmental concerns a priority. When regulating the oil industry, impact on business, human health and the environment all must get equal consideration, state law says, and all justices agreed.

Florida

Florida Lawmakers File Anti-“Sanctuary” Bills That Would Force Cooperation With ICE
Miami New Times, 12/20/2018

State Sen. Aaron Bean…. filed a bill yesterday that would force local cops and state governments to cooperate with U.S. Immigration and Customs Enforcement. In layman’s terms, he aims to ban sanctuary cities and communities across the Sunshine State. This is basically a bunch of nonsense designed to gin up support from Bean’s racist voter base in North Florida.

“A state entity, law enforcement agency, or local governmental entity may not adopt or have in effect a sanctuary policy,” the bill reads. It then adds, “A state entity, local governmental entity, or law enforcement agency shall fully comply with and, to the full extent permitted by law, support the enforcement of federal immigration law.”

Georgia

State rules on wireless antennas would strip local control, say city officials
Reporter Newspapers, 1/16/2019

The General Assembly is expected to take up a bill this session that would reduce local regulations on placing small-scale wireless antennas, commonly called “small cells,” on existing or new poles in the public right of way. Supporters of such a bill say it would ensure high-speed internet access to rural Georgia.

Such a statewide bill is supported by the small-cell industry, but some local officials say such legislation would strip cities of local control and clutter the cities’ right of way with ugly poles and boxes, while financially benefiting the wireless industry giants.

Kansas

On Food Policy, Kansas Defers To The Feds More Than Anyone
KCUR News, 1/16/2019

Kansas goes further than any other state in kicking local and state government out of decisions about nutrition labels and portion sizes, leaving that and other food policy up to federal lawmakers.

In a recent studyNew York University researcher Jennifer Pomeranz said Kansas did more to limit local control than the 13 other states that passed similar laws.

Lawyer: Best option for Green Valley is to form city
The Mercury, 1/15/2019

Jim Kaup believes incorporation would be the best option for governance of Green Valley — the rapidly growing area in the southwest portion of Pottawatomie County.

Kaup, owner of Kaup Law Office, Topeka, which specializes in land-use law for Kansas municipalities, made that recommendation Monday to the Pott County Commission.

“If I were calling the shots, I would be promoting incorporation,” Kaup said. “If I was a composite of all those (Green Valley residents) surveyed, that’s the way I would go because of control. I would have control.”

Missouri

Missouri lawmaker wants to ban local rules for food packaging
FOX 4 Kansas City, 1/1/2019

A Missouri state lawmaker wants to prohibit local governments from banning food and drink packaging amid a push by environmentalists to reduce the use of single-use plastics.

State Rep. Dan Shaul, an Imperial Republican and director of the Missouri Grocers Association, filed legislation that would prohibit bans, restrictions or other regulations on bottles, cups, bags, containers and other food and drink packaging, the St. Louis Post-Dispatch reported. The limits would cover containers made of plastic, aluminum, cardboard and a variety of other materials.
 
Businesses could still opt to use more environmentally friendly to-go wrappings and other packaging for food and drinks under Shaul’s bill. But the lawmaker said the move toward more sustainable packaging should be consumer-driven and not dictated by local governments.

New Hampshire

West Lebanon Rail Yard Tiff Spurs Legislation
Valley News, 1/15/2019

Concord — Lebanon lawmakers clashed with railroad officials on Tuesday over a bill that aims to increase transparency around the leasing of state-owned rail properties, stemming from a conflict surrounding West Lebanon’s historic Westboro Rail Yard.

Representatives of several New Hampshire railroads argued before a House committee that provisions of the bill, House Bill 135would pre-empt federal regulation of rail and replace it with local control. They said such a system could then be used to drive them out of hostile communities and hamper business.

Bill Would Prohibit ‘Sanctuary Cities’ in N.H.
New Hampshire Public Radio, 12/31/2018

A bill coming before New Hampshire’s next legislative session would prohibit sanctuary cities in the state…

A group of Republican lawmakers are backing a bill that would “establish the New Hampshire anti-sanctuary act, which requires state and local government entities to comply with federal immigration detainer requests.”

North Carolina

Wilmington changes park signs prohibiting firearms after resident points out ban is illegal
Port City Daily, 1/16/2019

WILMINGTON — Over the weekend, signs at city parks were redacted to remove language forbidding all firearms — the result, apparently, of a concerned resident pointing out that such prohibition, which includes a ban on concealed-carry handguns, is illegal under state law.

North Dakota

Farm Bureau sues over Ramsey County township’s restrictive animal feeding ordinance
Grand Forks Herald, 1/14/2019

DEVILS LAKE, N.D. — The North Dakota Farm Bureau is accusing a Ramsey County township of going beyond its legal authority in trying to prevent the development of a pig farm.

North Dakota Farm Bureau, along with Ramsey County Farm Bureau and the partners developing Grand Prairie Agriculture, on Friday, Jan. 11, filed a civil suit in Northeast District Court in Ramsey County against Grand Harbor Township and its board.

Ohio

Plastic Bag and Container Fee Preemption Bills Die in Ohio Legislature
Surfrider Foundation, 1/3/2019

OHIO LAWMAKERS OVERRIDE KASICH VETO ON PRO-GUN BILL
Guns.com, 1/2/2019

Additionally, the legislation expands state preemption safeguards against local gun control measures– such as those increasing advocated in Cleveland and Columbus  — as well as eases signage requirements on private property in regards to firearms.

Gun-owner rights bill OK’d over Gov. John Kasich veto
ABC News 5 Cleveland, 12/27/2018

A bill broadening gun-owner rights has become law in Ohio, after the Republican-led state Legislature overrode GOP Gov. John Kasich’s veto.

The Senate voted 21-11 on Thursday to reject Kasich’s decision to strike down the bill. That followed a House override earlier in the day.

The legislation expands gun access for off-duty police officers and allows pre-emption of local gun restrictions, among other things. [Emphasis added]

Oklahoma

Oklahoma progress on smoking is slow but real
Editorial, The Oklahoman, 1/6/2019

Meanwhile, serious efforts continue to further reduce smoking in Oklahoma. The boost in tobacco taxes in 2018 will no doubt deter use and lead some smokers to drop the habit. And the lung association makes some good suggestions for additional legislative action.

It notes Oklahoma has a “pre-emption” law that prevents municipalities from enacting restrictions on smoking that are greater than those imposed in state law. We have long supported giving city governments the power to impose additional restrictions, and the lung association is correct in citing this as a problem.

Pennsylvania

Erie gun case echoes in Pittsburgh gun-control debate
GoErie.com, 1/8/2019

Pittsburgh, guns rights group spar over signs posted ahead of Monday rally
TribLive, 1/4/2019

Pittsburgh warns City Hall visitors that guns are prohibited in building
TribLive, 1/2/2019

South Carolina

School Board makes case for controlling calendar, looks at 2019-20 dates
Henderson Time-News, 1/15/2019

The Henderson County School Board adopted a resolution in support of local control over school calendars Monday, joining a statewide movement in hopes county commissioners will adopt a similar measure in support.

Tennessee

Tennessee’s anti-sanctuary city law goes into effect on New Year’s Day
ThinkProgress, 12/28/2018

A new Tennessee law is set to go into effect on January 1, which will end local governments’ access to state economic development funds if they do not comply with a ban on “sanctuary” policies.

Texas

Two Views: Walls around local governments: GOP leaders move to end local control
Austin American-Statesman, 1/14/2019

What is up with the Republican obsession with building walls? It’s not just Donald Trump’s lonely fantasy of a big wall along our southern border. No, it’s walls of all kinds the GOP wants to build.

Republican Gov. Greg Abbott and his allies want walls between citizens and the voting booth, walls between local residents and their ability to make decisions for their neighborhoods and communities, walls between working families and prosperity, walls between people and healthcare.

The City-State Fight Continues In The 2019 Legislative Session. Here Are Bills To Look Out For.
KERA News, 12/21/2018

When the Texas Legislature reconvenes Jan. 8, lawmakers will already have on their desks bills aimed at undoing City of Austin rules.

The city-state conflict is nothing new. Last time they met in 2017, state lawmakers passed bills overturning Austin ordinances affecting ride-hailing companies, like Uber and Lyft, and passed a “sanctuary cities” bill…

Bills to watch

  • H.B. 222 – State Rep. Matt Krause (R-Fort Worth) filed a bill prohibiting municipalities from adopting any ordinance requiring employers to provide paid sick leave.
  • H.B. 470 – State Rep. Dennis Paul (R-Houston) filed a bill limiting municipalities to a 4 percent maximum increase in property tax revenue year over year.

Washington

Protecting working forests in times of growth
The Lens, 1/15/2019

Introduced by Rep. Kristine Reeves (D-30), House Bill 1011 (HB1011) would amend the state’s real estate disclosure to include language stating that working forests fall under the state’s 2013 Right to Farm Act, which protects land used for agricultural and timber from “nuisance lawsuits.”

“If you move next to a farm you don’t get to sue that farm for just being a farm,” said Jason Callahan, director of government relations for the Washington Forest Protection Association. “You can’t move next to a pig farm and say, ‘I don’t like the smell of pig.’”

Vermont

Asher Crispe and Brad Ferland: Maintaining Local Control In Education
Caledonian Record, 1/14/2019

In Vermont, we have a strong tradition of local autonomy and control. To people in other states, the town meeting might seem like a scene out of a Norman Rockwell painting—but to us, it’s a way of life. When it comes to education, no policy could maintain local control better than letting parents decide where to educate their children. This National School Choice Week, we should maintain that emphasis on “parent power,” because parents know what’s best for their children.

Virginia

Virginia bill to bar ‘sanctuary cities’ sent to full Senate
WJLA, 1/14/2019

RICHMOND, Va. (AP) — A bill aimed at prohibiting “sanctuary cities” in Virginia sparked an angry confrontation Monday between immigrant advocates and the state senator who sponsored the legislation.

The bill proposed by Republican Sen. Dick Black would bar localities from adopting ordinances or policies restricting the enforcement of federal immigration laws.

West Virginia

AFP-WV launches new guide for lawmakers
West Virginia Record, 1/15/2019

CHARLESTON —Americans for Prosperity-West Virginia have launched a new guide broken down into five sections to show West Virginia legislators the way to make the state a better place to live, work and raise a family…

In “Double Down on Worker Freedom,” the organization discusses paycheck protection, promoting a free market and local labor ordinance pre-emption.

Wyoming

Don’t yank local control
Buffalo Bulletin, 1/16/2019

It appears as though 36 of our state legislators have forgotten which state they live in.

Earlier this month, they sponsored a bill that defies a bedrock belief of Wyoming communities – local control.

Many of the 36 individuals sponsoring Senate File 75 – including our own Sen. Dave Kinskey and Rep. Richard Tass – are talking out of both sides of their mouths, paying lip service to local control but sponsoring legislation that puts more power in their hands in Cheyenne.

The bill would repeal gun-free zones across the state. The bill would allow those lawfully carrying concealed weapons in Wyoming to carry a concealed weapon into any public school, college or professional athletic event; any meeting of a governmental entity; and any meeting of the Legislature.

School fight goes to Cheyenne
Jackson Hole News & Guide, 1/16/2019

An emotionally charged proposal to strip county zoning authority over some private schools will see its first review by the state Senate Education Committee on Wednesday morning.

On Tuesday opponents carpooled from Jackson to Cheyenne and Teton County commissioners penned a strongly worded letter calling for lawmakers to reject the bill, which they see as a threat to local control.

County to consider letter on private school zoning bill
Jackson Hole Daily, 1/14/2019

On Tuesday, the Teton County Board of County Commissioners will consider sending a letter to Wyoming legislators opposing state pre-emption of county zoning authority.

The drafting of the letter follows news that Sen. Mike Gierau, D-Teton, plans to co-sponsor a bill that would strip counties’ zoning authority over private schools.

 
3. More coverage of HR 530

 

ESHOO INTRODUCES LEGISLATION TO RESTORE LOCAL CONTROL IN DEPLOYMENT OF 5G

January 15th, 2019

WASHINGTON, D.C. – Yesterday Congresswoman Anna G. Eshoo (CA-18) introduced H.R. 530, the Accelerating Wireless Broadband Development by Empowering Local Communities Act of 2019, legislation to overturn Federal Communications Commission (FCC) regulations limiting the ability of local governments to regulate the deployment of 5G wireless infrastructure.

“Having served in local government for a decade on the San Mateo County Board of Supervisors, I understand and respect the important role that state and local governments play in protecting the welfare of their residents,” said Rep. Eshoo. “5G is essential for our country’s communications network and economy, but it must be deployed responsibly and equitably. The FCC let industry write these regulations without sufficient input from local leaders. This has led to regulations that restrict cities from requiring carriers to meet the needs of communities in which they want to operate.”

“The FCC forced Congress to act by failing to listen to reasonable input from communities across the country, cowering to industry interests, and failing to put the public interests first. This legislation will preserve the ability of local communities to negotiate fair, market-based broadband deployment agreements and close the digital divide that exists for 34 million low-income and rural Americans,” said Sam Liccardo, Mayor of San Jose. “We want to thank Rep. Eshoo for her leadership on this issue.”

“We applaud Congresswoman Eshoo for her leadership on behalf of local governments,” said Clarence Anthony, CEO and Executive Director of the National League of Cities. “Cities, towns and villages are eager to welcome new technologies like 5G, but must retain the authority to protect the diverse needs of residents and communities. Federal agencies should work more closely with local leaders to understand those needs, which the FCC’s actions failed to do.”

“Counties are committed to ensuring that all residents have access to affordable broadband while timely 5G facilities and services are deployed. As we achieve these goals, we must also fulfill our responsibilities as trustees of public property and rights-of-way, without adding unnecessary red tape,” said Matthew Chase, Executive Director of the National Association of Counties. “We thank Representative Eshoo for introducing a bill that preserves the role of counties and other local governments as true partners in advancing 5G technology everywhere.”

“We welcome Congresswoman Eshoo’s effort to set aside the Federal Communications Commission’s actions that unnecessarily benefit one industry at the expense of our communities,” said Nancy L. Werner, General Counsel of the National Association of Telecommunications Officers and Advisors. “They do nothing to ensure that all communities—rich, poor, urban, rural, and everything in between—will see the benefits of increased broadband deployment.  Local governments have the ultimate responsibility for safeguarding their communities.”

Background

On August 2, 2018 and September 26, 2018, the FCC adopted regulations limiting the abilities of cities and states to regulate small cell sites (e.g., pole attachments) needed for the deployment of 5G. The actions limit the type and amount of fees cities and states may charge, set “shot clocks” as low as 60 days for cities and states to authorize proposals, and limit non-fee requirements cities and states may institute. The regulations began taking effect on January 14, 2019.

The City of San Jose is leading a coalition of nearly 100 cities, towns, counties, and associations of localities in suing the FCC arguing that the agency lacks the statutory authority to issue such regulations. The Cities of Burlingame, San Bruno, and San Francisco have also joined the City of San Jose in its lawsuit. Rep. Jackie Speier (CA-14) joined Rep. Eshoo as a cosponsor of the bill.

 


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