NTIA STUDY TO RECOMMEND GOVT. REFORMS ON RIGHT-OF-WAY ISSUES
NTIA Dir. Nancy Victory told state, local and federal officials Wed. her agency was preparing study for release later this year or early next year on “best practices” in how some states and municipal govts. have been able to overcome stickiest of rights-of-way issues with telecom and cable companies. To ensure that federal govt. is adequately managing rights-of-way over millions of acres of federal land, Bush Administration has formed Federal Rights of Way Working Group, headed by NTIA, to remove impediments to broadband deployment, she said. Group is composed of representatives of all federal agencies with major right-of- way management responsibilities, including U.S. Forest Service, Bureau of Land Management, Bureau of Indian Affairs, Federal Highway Administration, Army, Navy, Air Force, General Services Administration.
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Working group met for first time in July. Victory said group was focusing on 4 areas: (1) Information collection and how govts. could streamline and standardize paperwork required of companies seeking rights-of-way over multiple jurisdictions to save time and reduce costs. (2) Timely process and how govts. can ease delays in granting permits to companies. “Otherwise, undue delays can increase the cost of deployment and can sometimes prevent deployment altogether,” she said. (3) Fees, which she called perhaps “the most contentious issue” in right-of-way debate. “We'll be scrutinizing various fee structures, looking for approaches that are appropriate and reasonable and do not unfairly impede the deployment of broadband networks.” (4) Repair and maintenance, looking at how local govts. work to ensure that telecom providers maintain rights-of-way that they use. Victory spoke at day-long forum sponsored by FCC on rights- of-way.
Representatives of industries met with working group last month, Victory said, and next month it plans to meet with some states and localities. “Right now, we're taking an in-depth look at some communities to learn up close how they handle rights-of-way management at the state and local level,” she said.. Victory pointed out that President’s Council of Advisers on Science & Technology (PCAST) recently singled out rights-of-way management as critical component of broadband deployment, and PCAST said if rights-of-way access were unfairly denied, delayed or burdened with unjustified costs, broadband deployment was slowed and public was deprived of access to vital communications services. NTIA officials already have started meeting with members of NATOA, National League of Cities and NARUC to identify ways to improve and simplify current processes where necessary, Victory said.
Victory said she had number of initial impressions from that work, first of which was that “there are legitimate arguments” on both sides of issue and “the tenor of the relationship between rights-of-way managers and the industry needs to change.” On one side, industries argue that restrictions and fees imposed by federal, state and local land managers on rights-of-way or tower sites might be inhibiting or at least delaying broadband construction. On other side, officials who are stewards of public property must ensure that rights-of-way are used appropriately. Victory said: “Federal, state and local officials sometimes view broadband providers as trespassers who should be kept out, rather than customers who should be invited in. A more responsive, customer-oriented approach to rights-of-way management is essential to removing barriers to broadband deployment, but just as storekeepers don’t permit inappropriate behavior in their stores, government officials must be allowed to place reasonable limits on broadband providers’ activities,” she said. Victory later said NTIA was seeking more communities as examples for case studies on best practices.