Local Opposition Reburies Pennsylvania Small-Cells Bill Until Fall
A multiyear effort to pass a Pennsylvania small-cells bill hit another wall Tuesday after a House panel canceled voting on HB-1400 after a rush of local opposition. Wisconsin seems on the cusp of becoming the 27th state with such a bill meant to streamline 5G wireless deployment by pre-empting local government in the right of way. Debate on a New Jersey bill is picking up, while Florida could soon tighten requirements of a 2017 law that cities have challenged in state court. Maine enacted a small-cells bill earlier this month (see 1906070046).
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The Pennsylvania Consumer Affairs Committee canceled a planned Tuesday vote, first scheduled for Monday, on HB-1400 introduced last week. That means the bill won’t likely be heard until the fall term of the legislative session, said a spokesperson for Chairman Brad Roae (R). Similar bills failed in previous years amid heavy local opposition (see 1906120033). Bill sponsor Rep. Frank Farry (R) didn’t comment.
Local governments protested a fast-track process to pass the bill they oppose, said telecom attorney Dan Cohen, who works closely with the Pennsylvania Municipal League and state associations of boroughs and township commissioners. When Farry introduced HB-1400, it was the first time those groups had seen the new version, even though it differed significantly with last year’s bill, Cohen said in an interview. The Consumer Affairs panel held a hearing June 12 -- one day after introduction -- and initially scheduled a vote for Monday.
Cohen’s firm sent an action alert Thursday, prompting hundreds of municipal officials to contact committee members and other state reps through Monday, Cohen said. This year’s bill language was a “slight improvement over the prior bill … but that bill was so outrageous,” he said. For example, it increased the cap on annual fees to $100 from $25, but that’s still below actual cost, and even the FCC September order that allowed up to $270, Cohen said.
The wireless industry backed the Pennsylvania bill. It's "a balanced approach that encourages deployment of small 5G infrastructure while ensuring that localities retain the necessary authority to regulate the continuity of structures being built in the public rights-of-way,” said Wireless Infrastructure Association State Government Affairs Counsel Arturo Chang in written testimony for the June 12 hearing. CTIA also supported the plan.
Wisconsin Assembly members concurred Tuesday with the Senate-passed SB-239. It still needs the governor's signature. Public health advocates warned about RF emissions at a recent Wisconsin committee hearing on a state small-cells bill (see 1905290032).
New Jersey small-cells legislation surfaced Monday in the Senate after the Assembly last week introduced an identical bill. S-3953 and A-5560 aim to streamline 5G wireless infrastructure deployment by pre-empting local governments in the right of way. The New Jersey League of Municipalities just started reviewing the bills but like localities in other states likely will have significant concerns about the state stepping into areas of local discretion, Assistant Executive Director Mike Cerra told us.
Under New Jersey bills, collocation applications for existing structures not dealt with in 60 days would be deemed granted; localities would get 90 days for applications that include new poles. They cap application fees at $500 for the first five facilities, plus $100 for each additional facility on the same application. Localities could charge $250 per application to modify or replace an existing pole and $1,000 for installing a new pole. The bills would cap annual fees at $20 per facility for ROW access and $100 per pole.
Florida Gov. Ron DeSantis (R) received on Friday S-1000 cleared by legislators to tighten restrictions on local governments from the state’s 2017 small-cells law (see 1906070046). The Florida League of Cities sued the state over the 2017 law last month in the Florida Circuit Court in Leon County. Pre-empting municipal control of the ROW was unconstitutional, the league said. The governor has 14 days to act on the bill, but the league hasn’t asked for veto, its spokesperson said. DeSantis didn’t comment now.
The Puerto Rico House voted 39-4 last month for a small-cells bill (PC-1976) that remains pending in the Senate.