West Virginia Small-Cells Bill Clears Committee With Higher Fee Cap

for an amendment by Corey Palumbo (D) to increase a proposed cap on municipalities’ annual colocation fees to $65 from $30 in the bill that also caps yearly ROW access fees at $25. The senator initially suggested raising the colocation fee to $75 but reduced his proposal after some other senators raised concerns about chilling investment. When Palumbo asked how the original bill’s $55 total limit on recurring rates compared to other states, CTIA Director-State Legislative Affairs Beth Cooley conceded that most states had about $100. AT&T would still support the bill with such fees, said Regional Vice President Andy Feeney. The amount was lower in West Virginia only because that’s where negotiations ended, Feeney said. AT&T committed to spending $50 million there based on the original language and raising fees “potentially” means fewer small cells deployed, said its outside counsel, Andy Emerson. West Virginia Municipal League Executive Director Lisa Dooley said municipalities want higher fee caps but didn’t oppose the originally proposed amounts. The league is neutral on the legislation, she said. CTIA expects small-cells bills in about a dozen more states this year, joining 21 states with laws, said Cooley. West Virginia House members Monday introduced a small-cells bill to reverse pre-empt the FCC on pole attachments (see 1901140027).