Ground-Level Harmony Between Industry, Localities Seen Missing at State Houses, FCC

Wireless small-cells policy debates at the state and federal levels created tension between industry and local governments that had collaborated well on the ground, said local and industry officials during and after the NATOA conference last week in Seattle (see 1709130024 and 1709120001). Some local officials said they worked well with industry until state legislation surprised them. Industry officials said cooperative local governments shouldn’t fear state or federal rules. “We’re not getting anything built without them saying OK,” Wireless Infrastructure Association CEO Jonathan Adelstein said in an interview.

California last week became the 13th state to pass an industry-backed bill pre-empting local authority; it needs the governor's signature. It was opposed by local governments. More states are expected to consider bills next year and the FCC is mulling possible local barriers to broadband deployment in infrastructure rulemakings and through work of the Broadband Deployment Advisory Committee.

Industry and local governments want broadband and “work pretty well together,” Adelstein said. “There is tension when there are efforts by policymakers to try to streamline the process.” NATOA Executive Director Steve Traylor told us “personal relationships at the local level are really important,” but communities shouldn’t feel “blindsided” by the wireless industry advocating their interests to state and federal policymakers. “That’s why they have lobbyists,” he said. “They’re not the only industry that does that.”

The wireless industry can be “very helpful” at the local level, said Mitsuko Herrera, cable communications administrator for Montgomery County, Maryland, on a panel. But she cited a “complete disconnect” with “what’s been filed at the national level.” Local governments in Washington state collaborated well with industry until a state bill strongly favoring industry popped up in the legislature and caused fighting, Ogden Murphy’s Elana Zana, an attorney for local governments, said on the same panel. Arizona legislation similarly surprised the city of Tempe, Assistant City Attorney Jenae Naumann said on another panel. “We had agreements with the major companies. We didn’t think there was a problem.”

No Guarantee

“Just because you cooperate is not a guarantee you’re not going to get some legislation,” said panelist Best Best local government attorney Gail Karish. A challenge at the state and federal level is that industry tends to pick troublesome local governments out of the tens of thousands and “paint us all as bad actors,” she said. “That’s a hard thing to overcome.” There's “no doubt, there’s tension between what’s happening at the state houses and the arrangements that have been negotiated between parties at the local level,” said Mobilitie Senior Director-Government Relations Melissa Mullarkey. The sector, having invested billions of dollars, is always looking for ways to speed deployment, she said.

Congress, the FCC and state legislatures come to industry “asking how can we help you get broadband deployed,” Adelstein said. Carrier interests tell them what problems they’ve come up against in some communities, he said. The WIA head gets why that may offend many local governments that are cooperative, but the sector wants “to bring everyone up to the same high standards that the best communities are doing,” he said. Adelstein understands it’s overwhelming for local governments to be engaged at all levels of government: “When all these policymakers at all different levels are asking how to help, we’re going to give them suggestions on every level.”

Most local governments have good policies and shouldn’t fear state laws, said Natasha Ernst, Lightower vice president-right of way and facility access, in a Friday interview. Laws in states where Lightower operates -- Ohio, Indiana and North Carolina -- have had “essentially no impact” for the “vast majority” that had smooth-flowing local processes, Ernst said. In some North Carolina communities where Lightower had existing agreements before the state law, the company didn’t force local governments to conform, she said. “There was no reason to go back.”

Clear state rules on aesthetics and other local concerns improved overall local-sector relationships, Ernst said. The laws especially helped with the “small handful” of localities that had held up wireless deployments for years, the Lightower official said. In Ohio, for example, some communities blocked applications for four years, she said. “Once the legislation came around, even if they were participating in a lawsuit, we’ve still seen a marked improvement in them just processing applications.”

A “huge role for localities” will remain regardless of state or federal actions, so industry and local government should continue to collaborate, Adelstein said. State laws set “time frames and parameters,” but local governments make the final decision, Ernst said. It’s not productive for local governments to stop processing applications while state or federal actions are pending, she said.

California

California senators voted 22-10 Thursday for final passage of the state’s small-cells bill (SB-649), sending the measure to Gov. Jerry Brown (D) after the Assembly cleared the bill earlier in the week (see 1709140034). Local governments are expected to seek Brown’s veto (see 1709060053). His office declined comment Friday.

Brown should sign the bill, Adelstein said in a statement. “Streamlined permitting processes and greater access to public rights of way will spur the widespread deployment of the wireless infrastructure needed to improve network capacity in the near term while setting the stage for the 5G networks.”

The governor didn’t appear to be involved with development of SB-649, so “there's no telling what he'll do,” said Tellus Venture Associates President Steve Blum, who advises local governments on telecom issues. Brown “looks at issues broadly and intelligently,” said Blum. “He listens to local government people, but he also listens to industry and he's not above taking political considerations, including campaign contributions, into account when he makes decisions.”

California's small-cells bill shows both political parties support the wireless industry on infrastructure issues, Traylor told us at NATOA. “It’s bipartisan and it’s on industry’s side. … You can’t get more Democratic than California.” While it may be tough to stop state bills, localities have won on some issues through negotiation, he said. “You have a big challenge, but you can work on certain things.”