At its September 26th
meeting the FCC will propose two important regulatory changes that will have an
impact on municipalities. One of the
proposed rule changes would impact the deployment of 5G wireless. The other would modify local franchising
requirements for cable services.
Arguing that fewer
rules and lower costs will speed the deployment of 5G across the country,
including into small, rural communities, the FCC wants to “establish shot clocks for state and local approvals for the
deployment of small wireless facilities, and provide guidance on streamlining
state and local requirements on wireless infrastructure deployment.” Sounds great!
But, local franchise authorities (LFAs) don’t necessarily think
so. LFAs perceive the “need for speed”
as a move to take a source of revenue away from them.
Also, at the September meeting, the Commission will consider a Second Further Notice of Proposed Rulemaking
to address two issues
remanded to the FCC last year from a case brought before the 6th
Circuit Court of Appeals. In the case, the Court ruled that the FCC cannot bar
LFAs from requiring franchisees to provide non-cable services and the FCC must
better support why it expanded its definition of franchise fees to include
non-cash requirements toward the 5% cap on LFA franchise fees. In a recent blog post, Ajit Pai, the FCC Chairman, stated that the Commission plans to
put-forth proposals that promote competition and encourage cable operators to
invest in new facilities and services. The LFAs will be sure to weigh in as
they look to protect their interests (once again).
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