New Mexico Lawmakers Ready Small-Cells Bills for 2018
New Mexico lawmakers filed small-cells bills in the House and Senate, before the 2018 session starting Jan. 16. The bipartisan bills, HB-38 and SB-14, would pre-empt local jurisdiction over wireless infrastructure siting in the right of way, similar to legislation…
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elsewhere. They would prohibit local governments charging more than $250 yearly per small-cell facility. Applications would be deemed granted if a locality doesn’t say it’s incomplete within 30 days or if the local government doesn’t approve or deny a complete application within 90 days. Reps. James Smith (R) and Debbie Rodella (D) sponsored HB-38, and Sens. Jacob Candelaria (D) and Candace Gould (R) sponsored SB-14. Wireless carriers supporting the bill consulted the New Mexico Municipal League; the current version is the fourth draft, said Executive Director William Fulginiti in an interview. The proposal was improved, but local governments still oppose legislation, he said. In negotiations, carriers agreed to lengthen shot clocks and increase the annual fee caps to $250 from $50, Fulginiti said. Carriers also responded to local government concerns about historic districts and concealment and agreed to a 180-day shot clock for applicants to deploy facilities, he said. Talks continue, with the league official planning to meet with carriers Tuesday, he said. A legislative hearing could take place as early as the week of Jan. 22, he said. Fifteen states passed small-cells bills already and local governments are bracing for more in 2018 (see 1712110044).