Maine Legislators Seek to Protect PEG Channels, Pre-Empt Locals on 5G
Maine lawmakers condemned Charter Communications’ corporate citizenship as a top panel Wednesday cleared a bill to require cable companies give nondiscriminatory treatment to public, educational and governmental channels. That bill seeks to empower communities. But another Maine committee later that morning weighed a small-cells measure to pre-empt local authority in the right of way (ROW) to streamline 5G deployment.
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The Joint Energy, Utilities and Technology Committee voted 7-1 to pass LD-1371, which would stop cable from moving PEG channels from the broadcast channel lineup area to much higher numbers. It would require PEG broadcasts in HD (see 1904100028). Charter said the federal Cable Act pre-empts the bill. The company and PEG interests failed to compromise after a week of talks ordered by the committee, Chairman Mark Lawrence (D) said at the livestreamed meeting.
Talks helped the operator better learn local concerns, but parties were “still far apart” on the channel movement and HD issues, said Charter Senior Director-Government Affairs Melinda Kinney. Moving the channels was a business decision that Charter thought would make its channel lineup easier to navigate, she said. The MVPD continues to believe the bill is pre-empted, she said.
Some committee members urged Charter to be better to customers. “Your company is making us very unhappy,” Rep. Tina Riley (D) told Kinney. “We have a giant conglomerate who is in here ripping away services that our community depends on,” especially seniors, Riley said. “It’s wrong, and I really hope that it becomes widely known to the people in this state what Charter’s stance on this issue is because it’s despicable.” It’s “disingenuous” for a company to take what it wants from a community but act unreasonably when asked to give back, said Rep. Christopher Kessler (D).
The PEG bill’s sponsor supported Maine's pre-empting local governments on small-cell deployment. LD-1517 strikes the “right balance” and will ensure Maine doesn’t fall behind other states passing such laws, said Sen. David Woodsome (R) at a State and Local Government Committee hearing. The bill is much shorter than other state 5G measures, with this measure requiring only that small wireless facilities are classified as permitted use within the ROW. After hearing testimony, the committee said it will bring the bill back for vote in “the next couple of weeks.”
“I love local control,” said the small-cells bill sponsor, Rep. Teresa Pierce (D), noting she's a former town council member and isn’t trying to harm local authority. The bill will extend service down the highway and in urban areas, she said.
Streamlining small-cell deployment in denser areas will save money that “will trickle to rural areas,” said CTIA Director-State Legislative Affairs Bethanne Cooley. Carriers say they will also attach equipment to existing macro towers to provide 5G in rural areas, she said. Other supporters include Verizon, AT&T and T-Mobile.
Members asked multiple times if the bill equals a mandate upon local governments. Supporters stressed it classifies small cells as permitted use only to avoid lengthy zoning hearings. The Maine Municipal Association would “probably view this technically as a mandate,” but “you won’t hear any grief from municipalities,” said MMA Legislative Advocate Garrett Corbin. While neither for nor against LD-1517, the group is “comfortable” with the bill’s language if passed, he said. Nathan McCann of Freedom, Maine, opposed the bill, saying 5G frequencies are harmful and “can be used for mind control.”