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Florida Lawmakers Seek to Bolster Small-Cells Law; Maryland Counterparts Plan Talks

A Florida bill meant to tighten the state’s 2017 small-cells law cleared its first hurdle, with the House Energy and Utilities Subcommittee voting unanimously Tuesday to pass H-693. In Maryland, lawmakers appeared to give up passing a small-cells bill this…

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session after industry and localities backed rival bills (see 1902270025). The Florida bill aims to address continuing local barriers to small-cells deployment, clarifies the 2017 law didn’t apply to wireline, and cuts the state’s communications service tax by $130 million, said sponsor state Rep. Jason Fischer (R) at a livestreamed hearing. Since Florida enacted a small-cells law in 2017, “several local governments have not necessarily followed state law or a subsequent FCC order and have either refused to process permits for small-cell legislation or enacted local ordinances that do not comply with federal or state law,” effectively delaying deployment, Fischer said. H-693 “goes way too far,” said Florida League of Cities Senior Legislative Advocate Amber Hughes. “It takes time” for localities to implement everything in the 2017 law, she said. Municipal concerns about H-693 include that the bill reduces protection for communities that put utility lines underground, she said. Responding to local concerns, Fischer said “technology doesn’t know traditional political bounds.” The lawmaker committed to work with localities and industry but warned it’s unlikely everyone will like the final version. In Maryland, lawmakers referred four small-cells bills (SB-713, SB-937, HB-654 and HB-1020) to interim study. That means legislators will work this summer with industry, counties and cities to try to find agreement on 5G deployment, emailed SB-713 sponsor Sen. Pam Beidle (D). “Communication, Collaboration and Consensus! At least that is what we hope will happen.” Maryland lawmakers saw there was no need for legislation, said Best Best local government attorney Gerard Lederer. The Wireless Infrastructure Association “remains actively involved in the legislative process in Maryland," a WIA spokesperson said. "This additional time will allow for further discussions among stakeholders to ensure that all Marylanders can enjoy the benefits of next-generation wireless broadband." AT&T's “goal remains to work with leaders across Maryland to deliver the wireless services their constituents demand today and to lay the foundation for 5G and other innovations," a spokesperson said. Arkansas state Sen. Jonathan Dismang (R) filed a small-cells bill (SB-602) Tuesday. Like similar bills in other states, it would add "deemed granted" language to applications not approved in 60 days for collocation or 90 days for pole modification, installation or replacement. It sets application fees at $100 for each facility or $250 for collocation with a new, modified or replaced pole, and caps annual fees at $270.