US Congresswoman Introduces Legislation to Restore Local Control of 5G Deployment

US 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 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.”

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.

Inteserra Briefing Service subscribers see Briefings dated 8/22/18, 10/24/18, and12/12/18.

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.  See the Regulatory Mix dated 1/11/19.

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The Regulatory Mix Today:  US Congress Legislation To Restore Local Control Of 5G Deployment, US House Committee Members Probe Wireless Carriers Over Location Sharing Practices, FCC Seeks To Delay Restoring Internet Freedom Oral Argument

US House Committee Members Probe Wireless Carriers Over Location Sharing Practices

House Energy and Commerce Committee leaders today sent letters requesting information from six companies about the sale and misuse of cell phone geolocation data. The letters were sent to Zumingo, Microbilt, T-Mobile, AT&T, Sprint, and Verizon. The letters seek to increase transparency surrounding how U.S. wireless carriers and third parties are accessing, transferring, storing, and securing customer location information.

Energy and Commerce Committee Republican Leader Greg Walden (R-OR), Communications and Technology Republican Leader Bob Latta (R-OH), Consumer Protection and Commerce Republican Leader Cathy McMorris Rodgers (R-WA), and Oversight and Investigations Republican Leader Brett Guthrie (R-KY) signed today’s letters.

FCC Seeks To Delay Restoring Internet Freedom Oral Argument

The FCC has asked the US Court of Appeals for the District of Columbia to postpone the oral argument in connection with the appeal of the FCC’s Restoring Internet Freedom order.  Oral argument is currently scheduled for February 1.  The FCC is asking for the delay due to the recent lapse in funding for the FCC and the relevant component of the Department of Justice and so that the attorneys may fully prepare for argument consistent with the Antideficiency Act as interpreted in guidance from the United States Department of Justice and the Court.  In its guidance, the Department of Justice “instructs government attorneys to request that active [civil] cases be postponed until funding is available.” However, “[i]f a court denies the request [for postponement] and adheres to its existing schedule, ‘the Government will comply with the court’s order, which would constitute express legal authorization for the activity to continue’” under the Antideficiency Act. 

Many petitioners have indicated they oppose the motion.

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 The Regulatory Mix, Inteserra’s blog of telecom related regulatory activities, is a snapshot of PUC, FCC, legislative, and occasionally court issues that our regulatory monitoring team uncovers each day. Depending on their significance, some items may be the subject of an Inteserra Briefing.

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