Wireless Carriers Rally for Nebraska Small-Cells Bill at Hearing
Nebraska needs a small-cells law even though the FCC adopted fee limits in September, Nebraska legislators heard. “We need consistent and clear rates, terms and conditions that will apply across the state to all the municipalities rather than having to go city by city … to deal with interpretations of the FCC order that will just slow down deployment,” said AT&T Associate General Counsel David Tate Monday. Cities and the cable industry opposed LB-184 at the livestreamed hearing of the Transportation and Telecom Committee in the unicameral legislature.
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The wireless Industry showed up in force, with Sprint, T-Mobile, Verizon, U.S. Cellular, CTIA and Wireless Infrastructure Association officials joining AT&T to support LB-184. Like laws in 21 other states, and bills expected this year in about a dozen more (see 1901070045), it aims to speed 5G wireless infrastructure deployment by pre-empting local governments in the right of way. It would let cities charge $20 maximum per pole annually for collocation, and cap application fees at $100 each for the first five facilities on the same application and $50 for each additional facility.
The FCC allowing cities to charge more than $270 in annual fees per facility if they can justify the rate is cost-based is a “recipe for litigation,” Tate testified. Excluding deemed-granted language for shot clocks could stir litigation, he said. Industry is willing to allow 90 days for every collocation, more than the FCC, in exchange for deemed granted, the AT&T lawyer said. Industry has negotiated small-cells bill with municipalities in every state and many got to neutral on final language, said Tate.
Sponsor and committee Chairman/Sen. Curt Friesen (R) said the bill is important because Nebraska is losing ground to other states including neighboring Iowa, with Lincoln charging about $2,000 per attachment. Public Service Commission Chair Mary Ridder supported the bill as potentially increasing broadband availability and access to 911.
Cities raised reservation. Lincoln official David Young, vice-chair of the FCC Broadband Deployment Advisory Committee, said the plan may conflict with the federal agency’s September order. Deemed granted means “the city cannot say no,” he said. Young cautioned 5G technology won’t cover rural areas. Cities might support a bill based on BDAC’s state model code, Young said.
Carriers are deploying small cells in Omaha, Lincoln and other places without a state small-cells law, said League of Nebraska Municipalities Utilities Section Director Lash Chaffin. He disputed Friesen’s claim that a small cell is the size of a “small shoe box,” saying the facilities can be much larger at 28 cubic feet. Nebraska may not give away money to private companies under statute, said Chaffin, noting Texas cities are suing the state over its small-cells law on those grounds. The hearing continued into early evening.