Illinois Gov. Bruce Rauner (R) Thursday signed 5G wireless legislation aimed at streamlining deployment of small-cells infrastructure by directing how local governments treat and charge for small-cell infrastructure. It’s the 16th state to enact such a law. Wednesday, Ohio’s second attempt at a 5G small-cells law passed the state legislature, while Missouri senators moved closer to a floor vote on HB-1991 after the Fiscal Oversight Committee cleared the measure. Tennessee lawmakers also passed a bill this week (see 1804110046), though local government opponents to small-cells bills claimed spring wins in eight other states (see 1804100036). While the Rauner-signed SB-1451 “may eventually stimulate deployment of small cells, it will be difficult for municipalities to implement and will create confusion between municipalities and carriers,” emailed Municipal Services Associates President Stu Chapman, a technical consultant for Illinois localities. “Municipalities will need to tread carefully when receiving small cell applications from wireless providers.” Chicago is exempted from the new law, but a pending Illinois amendment, HB-1187, would grandfather communities that adopt local small-cells ordinances before SB-1451 becomes effective June 1. “It's possible that HB 1187 could pass if municipalities get behind it, but it would be an uphill climb to be sure,” Chapman said. Ohio senators voted 26-7 for HB-478 and the House concurred with Senate amendments. Ohio previously enacted a small-cells law in 2016, but multiple courts agreed with local government lawsuits that it violated the Ohio Constitution’s single-subject rule because the wireless language was part of a bill that also addressed animal cruelty (see 1712070056). “Rather than passing that same language in a stand-alone bill, the wireless industry and our municipalities were tasked with resolving the differences and [HB-478] is the product of those negotiations,” state Sen. Bill Beagle (R) said before the vote on the Senate floor. More than 90 municipalities negotiated over the last six months with the wireless industry, “truly a collaborative effort,” Beagle said. State Sen. Bill Coley (R) said a constituent raised health concerns about RF emissions, but research resolved Coley’s concerns enough for him to support the bill. Lawmakers should “keep a close eye” on safety issues “and quickly move should the research start to move in a different direction,” Coley said. The law signed by Rauner "will lay the groundwork for the next generation of wireless and ensure the residents of Illinois are ready to receive the benefits of 5G," CTIA Senior Vice President-State Affairs Jamie Hastings said.
States should be able to shift to connections-based USF contribution to stabilize funds, said the state chair of the Federal-State Joint Board on Universal Service Thursday after CTIA filed its second lawsuit against states making that change. CTIA sued the Utah Public Service Commission Tuesday for its Jan. 1 shift to connections-based contribution, arguing the 36-cent fee violates federal Lifeline requirements and illegally discriminates against prepaid wireless services. CTIA urged the U.S. District Court in Salt Lake City to decide federal law pre-empts the Utah rule and to stop the state commission from enforcing it.
Tennessee lawmakers sent a wireless small-cells bill to the governor Wednesday after state senators voted 42-1 to pass an amended HB-2279. Hawaii state senators voted 24-0 Tuesday for the House small-cells bill (HB-2651), which goes back to the other chamber to concur with amendments. Tennessee state Sen. Bill Ketron (R), the bill's sponsor, said lawmakers listened to cities’ concerns and made more than 50 changes to the bill. The session was livestreamed Wednesday. While voting yes, Sen. Lee Harris (D) said he worried about taking control from local governments when they work with big telecom carriers. “I’m inclined to support this bill,” said Harris, “but it does give me pause that we would intervene in these negotiations and set a price,” which seems to put a “thumb on the scale,” he said. Ketron said lawmakers increased maximum pole-collocation fees to a “reasonable” $100 annually from $35. Some cities wanted to charge $2,500, but “this is not made to be an opportunity to cash in on poles because that would be passed on to all the users through their rate fees, and I know my [wireless bill is] already high enough,” he said. Tennessee passage follows local governments declaring several early 2018 victories defeating or getting concessions to industry bills (see 1804100036).
Virginia Gov. Ralph Northam (D) carved out local governments from legislation to cap annual right-of-way fees for wireless structures. Localities applauded Northam’s amendment as more good news this spring after 5G small-cell infrastructure bills failed in several other states. “Local governments need to keep sending the message that pre-emption is not the answer,” said NATOA General Counsel Nancy Werner Tuesday.
CTIA warned Alaska commissioners not to adopt connections-based contribution for state USF. The Regulatory Commission of Alaska (RCA) is weighing whether to repeal or revamp its state fund (see 1804040039). CTIA earlier challenged Nebraska and Utah commission decisions to adopt connections, including a pending lawsuit against the Nebraska Public Service Commission where the association’s brief is due May 18 (see 1801310054). A connections-based approach is “difficult to implement in a manner that doesn't violate federal law,” said CTIA Counsel-External and State Affairs Matt DeTura Monday during a teleconferenced RCA workshop. It may also increase financial burden on low-income consumers and business customers, he said. CTIA supports funding state USF with general tax revenue, he said. Officials for Alaska Communications and the Alaska Attorney General Regulatory Affairs and Public Advocacy office supported connections-based contribution. AT&T General Attorney Cindy Manheim said Alaska USF is unsustainable but urged more time to discuss the right way forward. She suggested the RCA talk to the legislature before proceeding with a connections-based approach. The Alaska Telephone Association’s plan (see 1802270034) offers short-term stability while providing time to work out longer-term changes including what to do about contribution, said ATA Executive Director Christine O’Connor. Commissioner Robert Pickett said connections-based contribution may be unrealistic. And a 10-year sunset of the fund proposed by ATA may be too long, Pickett said. The AUSF size could be “rather de minimus” a decade from now at its current 10 percent annual rate of decline, he said.
FCC Chairman Ajit Pai added a local official to the Broadband Deployment Advisory Committee after two local resignations from the body and continuing criticism of BDAC's composition. Pai appointed David Young, a National League of Cities member and fiber infrastructure and right-of-way manager in Lincoln, Nebraska, the FCC announced Monday. Young replaces Sam Liccardo, mayor of San Jose, California. BDAC Chair Elizabeth Bowles and other BDAC officials said last week they hoped Pai would appoint new local members to the group (see 1804040044).
Rural providers slammed draft FCC rural call completion rules (see 1803280046) last week as possibly worsening the problem, while cable companies supported deregulation. NTCA had separate meetings Tuesday and Thursday with Commissioner Mignon Clyburn and aides for Chairman Ajit Pai and Commissioners Mike O’Rielly and Jessica Rosenworcel, the association said in docket 13-39. NTCA supported cutting red tape but said the order “would have a negative impact on the continuing problem of calls failing to complete to rural businesses and consumers.” Taking away reports “could very well lead to backsliding,” it said. An alternative is to mandate standards and best practices from ATIS, NTCA said. The agency should require providers respond to rural call completion complaints within a business day, the group said. Rules should sunset after three years and revert to current rules absent a finding the new ones worked, it said. NTCA urged the agency to delete a proposal from its draft NPRM to eliminate recordkeeping and retention rules: “There is no basis in the record to permit carriers to eliminate evidence of the success or failure of their intermediate provider monitoring efforts.” The American Cable Association and NCTA met Tuesday with an aide to O’Rielly and Thursday with an aide to Pai, said a notice. The groups supported the draft order as removing “regulatory ‘underbrush’ without undermining the Commission’s goal of reducing call completion.” They raised concerns some parts “suggest that originating providers are solely responsible any time a call fails to complete.” The FCC should “clarify that the rules focus on persistent problems with rural call completion by originating or intermediate providers, and not isolated call failures,” ACA and NCTA said. “Explicitly state that an originating provider that engages in reasonable monitoring efforts will not be held responsible under the proposed rules for conduct of intermediate providers that is not identified, or could not be identified."
TRENTON -- To end New Jersey 911 fee diversion, legislators from both parties committed to seek a constitutional amendment to guarantee revenue collected for the emergency network goes to that purpose. “Let’s do it,” said Assemblyman Jay Webber (R), agreeing with two Democrats at a Thursday hearing of the Assembly Homeland Security and State Preparedness Committee. The FCC in February identified New Jersey as the nation’s biggest diverter, saying it used about 89 percent ($108.1 million) of the revenue for non-911 purposes in 2016.
California’s Davis City Council unanimously passed a surveillance transparency ordinance Tuesday, as expected (see 1804020026). A similar ordinance passed last week in Berkeley, and a Senate panel cleared a statewide measure (see 1804030043). Davis passed an “admirable ordinance” with stronger enforcement mechanisms than what Berkeley approved, said Media Alliance Executive Director Tracy Rosenberg, who backed the measure, in a Wednesday interview. Next up, an Oakland City Council committee plans to review a similar proposal Tuesday, with a full council vote expected April 17, Rosenberg said. While local bills are gaining momentum, she supports a statewide bill as a quick way to cover hundreds of cities and counties: “We need that pace and that scale.” It would still be a big jump forward even if it’s somewhat weaker than local measures and language exempting elected sheriffs a district attorneys remains, she said. The California Senate Judiciary Senate Committee is next to hear SB-1186. Rosenberg predicted it will be heard April 17.
The Maryland House passed a combined net neutrality and ISP privacy bill designed to counter recent actions by national Republicans. The House voted 86-46 on party lines Wednesday to send HB-1654 to the Senate after amending the bill Tuesday to cover government-provided broadband (see 1804030053). If it survives the state's Senate and GOP governor, it would revive FCC privacy rules for ISPs that were repealed by Congress in 2015 and prohibit state contracts with ISPs that violate net neutrality rules like those the commission rescinded in December. In Alaska, industry is arguing against net neutrality mandates.