Maine Passes Short Small-Cells Bill; PEG Bill Nears Passage
The Maine state legislature passed a small-cells bill meant to streamline 5G wireless infrastructure deployment by pre-empting local government authority in the right of way. It’s scaled back compared with other state bills, setting no caps on fees nor “deemed…
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granted” shot clocks on local governments to approve small-cell applications. LD-1517, which awaits signature by Gov. Janet Mills (D), requires only that small wireless facilities are classified as permitted use within the ROW. LD-1603 to enhance cellphone service in underserved areas by installing wireless base stations at state-owned facilities cleared first-round votes in the House and Senate last week. And the House passed LD-1371 to give nondiscriminatory treatment to public, educational and governmental channels. The PEG bill goes back to the Senate, which supported the measure in an earlier vote. With the small-cells bill, “Maine developed a far superior solution to that adopted by a great many other states,” but it’s better when a state declines to pass a bill and honors a locality’s “right to make its own decisions consistent with federal law,” emailed Best Best local government attorney Gerard Lederer. “Prior to the FCC order and the actions of the individual states, deployment of wireless devices within the rights of way was moving ahead with steady progress.” Members of the Maine Municipal Association, neutral on the bill, decided they were OK with treating small cells the same as cable and electric attachments in the ROW, but provisions like rate caps and deemed granted “would definitely have drawn opposition,” emailed MMA Legislative Advocate Garrett Corbin. Lawmakers last year killed a bill more like what was in other states, he said. “Maine is a strong home rule state and as such does not lightly preempt local control.” The governor should quickly sign Maine’s “proactive small cell legislation to prepare the state for 5G deployment,” said Wireless Infrastructure Association State Government Affairs Counsel Arturo Chang in a statement. Witnesses with public health concerns about 5G lined up against a Wisconsin small-cells bill at a hearing last week (see 1905290032). Half the states have small-cells laws (see 1905170033).