State Small-Cells Bills Near Finish Line in Georgia, West Virginia
West Virginia delegates nearly unanimously backed a small-cells bill meant to streamline 5G wireless deployment and extend faster broadband by pre-empting local governments in the right of way. The West Virginia House Monday voted 98-1, then 97-2 for it to become effective upon passage. Final passage looks imminent on SB-3, which now includes House language to reverse pre-empt the FCC on pole attachments and direct the Public Service Commission to study feasibility of broadband by electric power utilities, said Del. Daniel Linville (R). Georgia’s small-cells bill is also closing in on the finish line, state Sen. Steve Gooch (R) said in an interview.
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“It is great policy,” Linville said at a livestreamed session before SB-3 passed. Del. John Shott (R) said it's another step to improve West Virginia broadband. No member spoke against the bill. Linville expects “quick concurrence,” possibly as soon as Tuesday, by the Senate on the House-amended SB-3, the delegate emailed us. West Virginia’s legislative session ends Friday. SB-3 now matches nearly "word for word" with Linville’s HB-2005 that earlier passed the House, though there were some tweaks, including on a spectrum issue, he said. The Wireless Infrastructure Association supported the West Virginia bills (see 1901300005). The West Virginia Municipal League said it’s neutral (see 1901150041).
House amendments have support of the Senate sponsor, Government Organization Committee Chairman Greg Boso (R), sponsor of SB-3, he emailed. Boso particularly likes House language ordering a study on how to expand middle-mile broadband to the state's unserved and underserved parts, he said. "The 5G provisions are strong and will permit the installation of small-cell opportunities in a uniform manner, generally, throughout the state and its municipalities."
SB-3 would set a $65 cap on municipalities’ annual collocation fees and a $25 cap on yearly ROW access fees. Application fees couldn’t exceed $200 for each of the first five small cells on the same application and $100 for each additional facility. Applications would be deemed granted if the locality doesn’t decide in 60 days on a request for collocation or 90 days for an application to install, modify or replace a pole.
The West Virginia PSC doesn’t oppose the legislation, which would give the agency authority over pole attachments, a spokesperson said. “The commission shall adopt the rates, terms and conditions of access to and use of poles, ducts, conduits and rights-of-way as provided in 47 U.S.C. § 224 and 47 C.F.R. § 1.1401 – 1.1415,” including the dispute resolution process and “any subsequent modifications or additions” to those regulations, SB-3 said. The last time a state reverse pre-empted the FCC was Arkansas in 2010. Thirty states follow federal pole attachment rules, though Pennsylvania and Maryland also are mulling state authority (see 1902210029).
“Policies like this will help West Virginians reap the benefits of 5G, such as economic growth and job creation," WIA President Jonathan Adelstein said in a statement. The Senate should concur with House changes and Justice should sign fast, he said.
Georgia
Georgia is edging closer to passing its small-cells bill. The Senate last week voted unanimously for SB-66 after the House earlier voted 170-1 for HB-184 (see 1902250028).
“We’d like to get it out … as quickly as possible,” SB-66 sponsor Gooch told us. Georgia’s session is scheduled to end April 4, he said. Gooch expects each chamber to vote on the other’s bill, then a decision will be made about which will go to the governor, he said. Gooch hasn’t spoken to Gov. Jim Justice (R) about the bill, but he doesn’t expect a veto because last year’s opponents now support the bill. “If everybody’s happy, most of the time the governor’s office is good with it, too.”
The Georgia bills resulted from compromise between carriers and local governments, Gooch said. The FCC’s small-cells order last year “really greased the skids” to bring the two sides together because the federal agency mandated some of the more contentious issues, he said. “There’s nothing [left] to fight over,” unless another lawmaker tries to use the bill as a vehicle for something else before session ends, Gooch said.
The House and Senate bills are mostly the same, so Gooch would support either bill’s passage, he said. The senator, who worked on the bill for two years, hopes “they give me the courtesy of passing my bill.”
Georgia House Republicans introduced another wireless infrastructure bill Friday that would limit fees for installation of phone facilities and provide for “due compensation to be paid to municipal authorities by telephone companies.” Under HB-556, phone companies that don't have retail customers within a municipal authority’s boundary but occupy the authority’s ROW with one or more small-cell facilities would pay 3 percent of “actual recurring revenues” produced by the small cells for telecom services.