BDAC Eyes Nov. 9 for Initial Proposals; Working Groups Seen on Different Timetables

The FCC Broadband Deployment Advisory Committee is targeting Nov. 9 to consider initial recommendations to the agency, with more work expected after that, committee members said Friday at an FCBA event. BDAC's five working groups are to report on their recommendation efforts at a meeting that day, said Karen Charles Peterson, a Massachusetts Department of Telecommunications and Cable commissioner and vice chair of the Model Code for States working group. BDAC will try to get as much done by Nov. 9 as possible, but different working groups are advancing at different speeds, so results likely will vary, said Jonathan Adelstein, CEO of the Wireless Infrastructure Association and chair of the Streamlining Federal Siting working group.

Two working groups' proposals are particularly urgent due to the FCC's timetable, Adelstein said, noting he was speaking only for himself, not BDAC. The Competitive Access to Broadband Infrastructure and Removing State and Local Regulatory Barriers working groups should try to finalize their recommendations as much as possible by Nov. 9, he said, because the commission indicated it would like to take at least some actions by year-end on three major proceedings: the two rulemakings on wireless and wireline infrastructure deployment, and the proceeding on a Mobilitie petition for federal pre-emption of state and local rights-of-way authority.

NARUC General Counsel Brad Ramsay said he would be "stunned" if the possible FCC actions aren't challenged in court, and could well face a motion for injunctive relief. "This is tailor made for a stay request," said Ramsay, whose group hosted the FCBA event.

The three other working groups also are feeling some heat to make progress on recommendations, but may have a little more time, Adelstein said, noting BDAC's current two-year mandate. Most state legislatures have finished their work for the year, easing the pressure somewhat for the group proposals on model codes for states and municipalities, he suggested. He said his Streamlining Federal Siting working group was created this month (see 1708030053) and recently held its first conference call, so "we got a late start" and are just getting on track.

The FCC is continuing a bipartisan effort to spur broadband deployment, said Adelstein, calling Chairman Ajit Pai's infrastructure focus particularly welcome in the wireless arena, since data demand is growing 50 percent per year: "It's almost a crisis." Because of spectrum limitations, much of the wireless progress must come from 5G network densification that splits cells into smaller geographic areas and allows frequencies to be re-used, he said.

About a dozen states recently enacted laws to speed small-cell wireless infrastructure, Adelstein said, suggesting there's no need for BDAC "to reinvent the wheel" because there are "a lot of models." Industry wants to work with states and localities to facilitate deployment by streamlining permit processes and curbing "ridiculous rates," he said. "What we're trying to deal with are unreasonable delays, unreasonable issues," not pre-empting everything. The state laws generally seek to ensure rates are reasonable and facilitate access to existing infrastructure, through shot clocks and other process changes, he added.

Charles Peterson said policymakers must strike a "delicate balance" between community needs and industry needs. Some states have done better than others. Others are developing new legislation.

The enacted state laws all have "pre-emptive elements" that restrict localities, said Ramsay. He asked if it wouldn't be better for the FCC to see how the recent and ongoing state legislative efforts affect the market before taking major action. Adelstein said the country "can't afford to wait" given the booming demand. The wireless industry is being asked to make massive network investments at a time of "hyper-competition" and a "price war," he said.

Ramsay suggested localities and electric utilities were underrepresented on the BDAC and working groups, particularly in light of their strong interests in its issues. Adelstein said industry is interested in working with all stakeholders to ensure BDAC receives wide-ranging input and builds consensus. BDAC needs "buy-in" from states and localities because if industry says, "here's our model, take it or leave it," many "will leave it," he said. Charles Peterson agreed and said her working group is inviting outsiders to its meetings to expand input. The FCC didn't comment but confirmed BDAC has two municipal members and two utility members (the working groups have more). Others in the past have also taken aim at BDAC for having too few municipal representatives and too heavy a balance tilted toward industry (see 1706010054).