Local Government Reps Complain About BDAC Makeup, Too-Tight Time Frames
Work of the Broadband Deployment Advisory Committee remains a top focus of FCC Chairman Ajit Pai, senior Pai adviser Nick Degani told the group Thursday as it held its second public meeting. BDAC's work “is central to the mission of the commission” and is being closely watched on the eighth floor of the FCC, Degani said. But BDAC members complained repeatedly that the group has been given an unrealistically quick timeline.
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
The committee should pay close attention to state and local initiatives to speed deployment, Degani said. “States like Florida and Iowa and Virginia have gotten a deemed-granted framework for small cell deployment,” he said. “States like Arizona and Texas have gone out of their way to make sure that application fees are cost-based so that we can have a more competitive environment.”
Local governments also are doing their part, Degani said. Cities including San Antonio, Nashville and Louisville are experimenting with “one touch, make ready” rules to speed deployment, he said. “Is that something that’s feasible, that can be done?” Degani said. “It’s not an easy question and there’s no easy answer.” Everyone wants better broadband deployment, he said. The model state and municipal codes being developed by BDAC are particularly important, Degani said: “We look at these model codes as blueprints, voluntary blueprints for cities and states to adopt.” The model codes can be adjusted to address local concerns, he said.
Degani said consensus “should be prized,” though BDAC members may not agree on everything. “Not everything has to get done at once,” he said. Some things “are lower hanging fruit, where it’s easier to reach consensus. There are some problems that are harder that may be intractable.”
The panel heard updates from each of its five working groups: Model Code for Municipalities, Model Code for States, Competitive Access to Broadband Infrastructure, Removing State and Local Regulatory Barriers, and Streamlining Federal Siting.
BDAC is looking at some proposals that are controversial, said Shireen Santosham, of the city of San Jose, who presented an update on the municipal code working group. For example, the California Legislature is looking at SB 649, a bill that would pre-empt local authority on siting small cells (see 1702220016), but more than 150 cities in the state have opposed it, including the 11 largest, she said. “There is significant concern about that type of legislation.” Santosham questioned whether the working group will be able to meet its initial deadline of finalizing recommendations by October. Cities also remain concerned too few local government representatives are on BDAC or its working groups. Of more than 90 serving on BDAC or the working groups, only seven represent local governments, she said. Local government officials have complained repeatedly (see 1706010054).
“We’ve had a lot of feedback … that it is a very aggressive time frame to come together by October, early November, with a final product,” said Douglas Dimitroff, chairman of the municipal working group. “We’re working hard.” More time “would be appreciated,” he said.
Commissioner Mike O’Rielly, who spoke later to the group, said he is tired of complaints about the makeup of BDAC and whether it has the right representation. “The most important feature of the BDAC is the outcome,” he said. “We should let the good members of the committee conduct their work.” There will be room later for critiques and criticism, he said.
The committee faces a huge, significant task, O’Rielly said. “Broadband deployment remains a top priority of this commission,” he said. “It’s more than a sound bite. It’s how we are judged daily.” Unnecessary and fixable obstacles imposed by some state, local and tribal governments are slowing broadband deployment, he said. “Let’s not sugarcoat it.” Some feel that roadblocks will go away if companies just do a better job of collaborating with local governments and have more discussions, he said. Having worked on the issues for more than 20 years, “that’s simply not true,” he said. “These hug-and-kiss approaches have been tried.”
BDAC Notebook
FCC Commissioner Mignon Clyburn called on BDAC to address what she sees as a major market failure: prison calling rates. Consider also reforms to an area “where we see exclusive franchises produce significant market harms,” she said. “I think this issue fits squarely within the realm of BDAC.” Too high rates cost low-income families thousands of dollars they can’t afford, she said. If families have to pay too much for talking to a loved one in prison, they often can’t afford broadband, which ties back to the broader mission of BDAC, she said. The group also should consider developing a model code for prison calling, she said.
The NARUC board passed telecom resolutions asking the FCC for more USF funding to add state and local board members to the BDAC, NARUC said in a Thursday news release. The Telecom Committee cleared the measures Tuesday at the NARUC Summer Policy Summit in San Diego (see 1707180007). The next NARUC meeting is Nov. 12-15 in Baltimore.