Georgia, West Virginia Close to Enacting Small-Cells Laws as State Bills Continue to Spread
Wireless small-cells bills could soon be law in Georgia and West Virginia, possibly increasing the number of states with such 5G laws to 23. Several other states aren’t far behind with bills meant to streamline wireless infrastructure deployment by pre-empting local governments in the right of way. In Arkansas, where two small-cells hearings were scheduled this week, some lawmakers asked about benefits for rural areas.
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West Virginia’s bill could get enacted by the end of Wednesday. The legislature last week sent SB-3 to Gov. Jim Justice (R) after clearing the bill earlier this month (see 1903050036). He has until Wednesday to sign or veto that and other West Virginia bills; it would also become law without his signature. “No final determination on this bill has been made at this time,” a Justice spokesperson said.
The Georgia House voted 159-3 Monday to pass SB-66. It goes next to Gov. Brian Kemp (R), who didn’t comment Tuesday. The wireless industry supports Georgia and West Virginia bills, and municipal leagues in each state said they’re neutral.
The Arkansas Senate Insurance and Commerce Committee weighed at a Tuesday hearing SB-602. That day, the House amended its version (HB-1874), scheduled for hearing Wednesday at 1 p.m. CDT in the House Advanced Communications and Information Technology Committee. The edit, also proposed to the Senate bill, addresses cable industry concerns, said SB-602 sponsor state Sen. Jonathan Dismang (R) at the Commerce hearing. Cable operators pay fees for cable lines, so the change would allow them to deploy wireless facilities without paying more, he said. The committee postponed voting on the measure until later Tuesday.
“It will help not just populated areas with service issues, but also rural areas,” especially businesses using the IoT, Dismang said. Some Democratic committee members seemed skeptical. “I’m supportive of this effort, but I don’t see that we get much help out of this in rural Arkansas,” said Sen. Larry Teague (D). Dismang conceded that the facilities are meant more for densely populated areas but said they might go up near rural schools or businesses. Sen. Linda Chesterfield (D) followed up, “So this is just a big city bill?” Some larger rural towns will benefit, stressed Dismang, though he said there “would have to be a demand to justify the cost.”
A South Carolina small-cells bill cleared the House Labor, Commerce and Industry Committee Tuesday. HB-4262 is similar to the Senate’s S-638 that’s opposed by municipalities (see 1903130066). Others with pending small-cells bills include Nebraska, Nevada, New Jersey and Puerto Rico. CTIA backed the territory’s bill in a letter last week.
Florida enacted a small-cells law in 2017, but the Senate Community Affairs Committee voted Tuesday for S-1000, meant to tighten requirements on local governments. Mediation has been tried but localities haven’t backed down trying to charge higher rates, said sponsor Sen. Travis Hutson (R). The House version cleared a subcommittee last week despite opposition from cities (see 1903190023).
“Still no 5G in sight in Florida,” but the new state bills double down against local governments to take more authority, said Mayor Gary Resnick (D) of Wilton Manors in an interview. Among “mean-spirited” new language is a provision forcing local governments to pay attorney fees when sued for violations, he said. Florida cities aren’t violating shot clocks; 5G isn’t here because industry hasn’t deployed, Resnick said. The Florida bills give more help to cable, including by taking on local franchise fees and in-kind compensation, the mayor said.
“It’s not momentum from the public” driving state small-cells laws across the country, Resnick said. “You’ve got some very, very wealthy companies that can hire a cadre of lobbyists” and make large campaign contributions, he said: Local government opponents are “outgunned.”