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Concerns Expected

Pai May Seek Oct. 27 Votes in 5G Fund, Compound Expansions

Votes on the 5G Fund and rule changes to make it easier for tower companies to expand the footprint of cellsites appear likely to be added to the agenda for the Oct. 27 commissioners’ meeting, FCC and industry officials told us. The gathering is the last before the election and would wrap up two big 5G items. Both are expected to be controversial.

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Chairman Ajit Pai is expected to unveil the agenda for the meeting Monday. An FCC spokesperson declined comment Tuesday.

Local government officials wouldn't comment until Pai makes a proposal, and have concerns about the infrastructure recommendation. When the FCC sought feedback on an expedited basis last summer, many challenged the need for further infrastructure changes (see 2008040052).

The Wireless Infrastructure Association would like the compound expansion rules to be approved before year-end, “and we’re working hard to develop the record on that,” said President Jonathan Adelstein. The two items fit together, he said. “If you’re going to approve the 5G Fund, you have to make sure you can expand the compound to install more equipment,” he said. “Mobile-edge computing is already beginning to take off, and you need room for that” on the cellsite. Wildfires in the West, among other public safety issues, point to the need for backup generators, which also require expansions, he said.

There were different components to the compound expansion issue," and NATOA can’t comment until it sees Pai's proposal, said General Counsel Nancy Werner.

We did not think that a predicate was established for the rule change,” said Best Best’s Gerard Lederer. “Local governments offered what we hope are seen as constructive edits and additions to the proposed rule, many of which were similar to industry’s requests. Many of those requests were in the vein of ensuring that regulatory permission was not confused with the surrender of proprietary rights. The commission has shown a sensitivity to the difference of the two in the past, and we hope they will continue to in the future.” One of the “driving forces” for the NPRM was the installation of generators for backup power, Lederer said: “While the FCC seeks to expedite such deployments, around the country we see industry opposition to having backup power as a requirement.”

Policies that accelerate America’s wireless, and specifically 5G, buildout and help our global competitiveness have generally enjoyed strong bipartisan support over the decades,” said Cooley’s Robert McDowell. “It makes sense for the chairman to put these kinds of items on the last open meeting agenda before the election in the hopes of having a constructive, substantive and 5-0 vote.”

The 5G Fund has also been controversial. Commissioners approved an NPRM in April over partial dissents by Commissioners Jessica Rosenworcel and Geoffrey Starks (see 2004230046). Commenters stressed the need for improved data before money is doled out (see 2006260057).

The Competitive Carriers Association supports a 5G Fund -- based on improved data, the group said. “Wireless USF has been a success, and moving forward with a 5G Fund based on updated, reliable data and sufficient support will further build on that success,” emailed CCA President Steve Berry. “The 5G Fund has the potential to make significant strides in bridging the digital divide, and it is absolutely essential for the commission to first accurately identify unserved and underserved areas, while preserving existing connectivity.”

"Nearly $2 trillion of private broadband internet investment has gotten the U.S. 95 yards down the field,” said Bret Swanson, visiting fellow at the American Enterprise Institute: “The U.S. leads the world in internet infrastructure, but parts of rural America are still not fully connected. The 5G Fund is the type of targeted program that can help."