Proposed Revisions to Wireless, Wireline Infrastructure Rules Circulated by Pai
FCC Chairman Ajit Pai is dubbing April “infrastructure month” and two infrastructure items top a busy tentative agenda for the April 20 commissioners’ meeting. Separate NPRMs are to examine how the FCC can further expedite the deployment of both wireless and wireline infrastructure, as expected (see 1703290049). The April agenda focuses on Pai’s “digital empowerment agenda,” his biggest theme so far (see 1701230058). States meanwhile are working on wireless siting issues (see 1703300054).
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“Next-generation networks are hard to build,” Pai said in a blog post. “It takes a lot of money and effort to lay fiber, install wireless infrastructure, build satellite earth stations, and more. It also requires a reasonably certain business case for deployment, which is all too often hard to prove in parts of the country with sparse population and/or lower incomes.”
A wireless NPRM and notice of inquiry would commence “an examination of the regulatory impediments to wireless network infrastructure investment and deployment, and how we may remove or reduce such impediments consistent with the law and the public interest, in order to promote the rapid deployment of advanced wireless broadband service to all Americans,” said a draft circulated by Pai Thursday.
The document refers to a Mobilitie petition asking the agency to pre-empt local authority over rights of way. State and local governments asked the FCC to allow them to maintain control when the agency sought comment on the petition (see 1703080011).
“Because providers will need to deploy large numbers of wireless cell sites to meet the country’s wireless broadband needs and implement next generation technologies, there is an urgent need to remove any unnecessary barriers to such deployment, whether caused by Federal law, Commission processes, local and State reviews, or otherwise,” the FCC said. The agency would propose to adopt “irrebuttable presumptions establishing as a matter of rule” the maximum time local governments have to review a wireless facilities application.
A fact sheet said the agency would seek comment on how current local, state and FCC rules and processes “affect the speed and cost of infrastructure deployment, and ideas for improving State and local infrastructure reviews.” The agency also asks about the use and impact of state and local moratoriums on deployments. The FCC also asks about possible improvements to agency rules and procedures for historic preservation (NHPA) and environmental (NEPA) review, the fact sheet said.
Pai also circulated an NPRM, NOI and request for comment on streamlining wireline infrastructure rules. The draft would seek comment on pole attachment reforms, including speeding access to utility poles. “Attaching Internet-related equipment to utility poles is a major cost element for companies of all sizes,” Pai blogged. “We'll seek to both lower costs for and speed deployment of this equipment.”
The regulator would seek comment on how the FCC can speed retirement of legacy copper networks. “Every dollar spent maintaining the fading networks of yesterday is a dollar that can't be spent building the networks of tomorrow,” Pai said. Similar to the wireless inquiry, a final set of questions would ask about local impediments to buildout and whether the FCC should use its authority to preempt unnecessary regulations.
“Access to high-speed broadband creates economic opportunity, enabling entrepreneurs to create businesses, immediately reach customers throughout the world, and revolutionize entire industries,” the wireline draft says. “We propose and seek comment on a number of actions designed to accelerate the deployment of next-generation networks and services by removing barriers to infrastructure investment.”
“WIA looks forward to participating in this process as we continue to advocate for the removal of barriers to the responsible deployment of the wireless infrastructure our communities need,” said Jonathan Adelstein, president of the Wireless Infrastructure Association. “Without improved regulations, many communities will miss out on the economic benefits that will be delivered with the rollout of wireless broadband and 5G mobile networks. Streamlined processes will play a vital role in the deployment of broadband infrastructure the fiber networks and small cells that are needed along with macro sites as our wireless networks continue to evolve.”
“With the right policies in place, U.S. providers will be able to create jobs and invest in the next generation of wireless networks that will help meet growing consumer demand and drive future economic growth,” said Scott Bergmann, CTIA vice president-regulatory affairs. Pai’s plan “to lower utility pole costs and reduce red tape that’s holding up new networks will pave the way for faster broadband and 5G wireless deployments,” said Fred Campbell, director of Tech Knowledge.
A draft order to reconsider rural telco capital expense treatment under high-cost USF was included on the agenda. "I am proposing that we tweak one of the rules for this program to make sure that some rural households that could be served by [smaller] carriers are not left stranded without broadband service," Pai said. The draft "would amend the construction project limitation within section 54.303 of the Commission’s rules to permit carriers to report, for universal service purposes, capital expenses per location up to the established per-location per-project limit, rather than disallowing all capital expenses associated with construction projects in excess of the limit," said the agenda.