Challenges to FCC wireless and wireline infrastructure orders will be paused, pending review by a special master, the 9th U.S. Circuit Court of Appeals ruled Wednesday. Challenges by Sprint and 11 others to a September order restricting local fees and reviews of small-cell siting applications were consolidated under Sprint v. FCC, No. 19-70123, said an order (in Pacer) of Judges Richard Tallman and Mary Murguia. The September order case will be assigned to the same merits panel that reviews Portland and American Electric Power Service challenges to an August ruling/order barring local infrastructure moratoriums and revising pole-attachment processes. The latter two were also consolidated under Portland v. FCC, No. 18-72689, said another order (in Pacer) of the two judges. The court referred all the cases to its special master, Appellate Commissioner Peter Shaw, for a case management conference he will schedule. “The special master shall consider any issues he deems appropriate to manage the petitions effectively, including but not limited to the development of a briefing plan for the above-listed twelve petitions,” said the first order. The judges granted in part the FCC’s motion, opposed by localities (see 1903070059), to hold the Sprint case in abeyance. Noting the FCC's request to continue a stay in the Portland case, the second order stayed the now-consolidated case pending the conference. “Proceedings in these consolidated petitions other than the case management conference are stayed pending [that] conference,” said both orders: "Briefing is suspended pending further order of the court following the ... conference." The decisions mean “we’re in abeyance for what I hope will be a short period of time,” emailed local government attorney Ken Fellman. “Given the number of parties, different case filings and complexity of the issues, we’ve thought that a case management conference would be necessary to delineate the process of getting from here to a decision.” Local governments are pleased because the FCC had "asked for an indefinite abeyance," but the court "simply delayed matters until after the scheduling issues can be considered at a case management conference," said Best Best attorney Joseph Van Eaton. "We are hopeful that the process established by the 9th Circuit will result in expedited resolution of this appeal. At the very least, we suspect the FCC will be asked to explain why it has not decided the pending reconsideration petitions." The agency didn’t comment.
State bills to empower electric rural cooperatives to get into broadband are getting support in red states with large underserved rural areas. Mississippi enacted a measure in January (see 1901300026). Bills are on the move in states including Georgia, Texas and Oklahoma. Conservative lawmakers appear to find co-ops more palatable than municipalities as non-telecom entities delivering broadband service, agreed a supporter and an opponent of muni broadband.
A Florida bill meant to tighten the state’s 2017 small-cells law cleared its first hurdle, with the House Energy and Utilities Subcommittee voting unanimously Tuesday to pass H-693. In Maryland, lawmakers appeared to give up passing a small-cells bill this session after industry and localities backed rival bills (see 1902270025). The Florida bill aims to address continuing local barriers to small-cells deployment, clarifies the 2017 law didn’t apply to wireline, and cuts the state’s communications service tax by $130 million, said sponsor state Rep. Jason Fischer (R) at a livestreamed hearing. Since Florida enacted a small-cells law in 2017, “several local governments have not necessarily followed state law or a subsequent FCC order and have either refused to process permits for small-cell legislation or enacted local ordinances that do not comply with federal or state law,” effectively delaying deployment, Fischer said. H-693 “goes way too far,” said Florida League of Cities Senior Legislative Advocate Amber Hughes. “It takes time” for localities to implement everything in the 2017 law, she said. Municipal concerns about H-693 include that the bill reduces protection for communities that put utility lines underground, she said. Responding to local concerns, Fischer said “technology doesn’t know traditional political bounds.” The lawmaker committed to work with localities and industry but warned it’s unlikely everyone will like the final version. In Maryland, lawmakers referred four small-cells bills (SB-713, SB-937, HB-654 and HB-1020) to interim study. That means legislators will work this summer with industry, counties and cities to try to find agreement on 5G deployment, emailed SB-713 sponsor Sen. Pam Beidle (D). “Communication, Collaboration and Consensus! At least that is what we hope will happen.” Maryland lawmakers saw there was no need for legislation, said Best Best local government attorney Gerard Lederer. The Wireless Infrastructure Association “remains actively involved in the legislative process in Maryland," a WIA spokesperson said. "This additional time will allow for further discussions among stakeholders to ensure that all Marylanders can enjoy the benefits of next-generation wireless broadband." AT&T's “goal remains to work with leaders across Maryland to deliver the wireless services their constituents demand today and to lay the foundation for 5G and other innovations," a spokesperson said. Arkansas state Sen. Jonathan Dismang (R) filed a small-cells bill (SB-602) Tuesday. Like similar bills in other states, it would add "deemed granted" language to applications not approved in 60 days for collocation or 90 days for pole modification, installation or replacement. It sets application fees at $100 for each facility or $250 for collocation with a new, modified or replaced pole, and caps annual fees at $270.
State bills to speed up next-generation 911 rollout are gaining steam in Arkansas and Maryland. Widely supported bills heard Tuesday would increase 911 user fees to fund system upgrades.
Utah and New Hampshire legislators killed state net neutrality bills. The Republican-run Utah House tucked HB-490 into its “file for bills not passed” Thursday, days after introduction (see 1903110036). It would have restricted state procurement to companies that follow open-internet rules and made state ISP privacy rules like the FCC regulations repealed by Congress. The New Hampshire House placed the final nail in the coffin on HB-132, adopting by voice vote Thursday a committee report calling the bill “inexpedient to legislate,” meaning it shouldn’t pass this session (see 1902280067). “The ideal is just to keep government out of the marketplace and let consumers decide,” emailed HB-132’s GOP co-sponsor, Rep. Max Abramson. “Unfortunately, large ISP have worked out deals with local politicians to block competition in the ISP marketplace, so we're having to deal with that.”
New York will apply existing pole attachment requirements to wireless providers while the Public Service Commission considers other ways to streamline wireline and wireless deployment in the state, commissioners unanimously decided Thursday. Commissioners voted 4-0 at their livestreamed meeting to partly grant a nearly 3-year-old CTIA petition in docket 16-M-0330 for relief so wireless providers may quickly deploy small cells and distributed antenna systems needed for 5G services (see 1608020029).
Republicans killed a Tennessee net neutrality bill by voice vote at a House Utilities Subcommittee hearing Wednesday. HB-1060 would have restricted state and local government contacts with companies that don’t adhere to open internet rules. Tennessee should protect its residents, who in many places have only one broadband provider, said sponsor state Rep. John Ray Clemmons (D) at the webcast hearing. But Chairman Pat Marsh (R) was skeptical the bill is necessary: “I just have not heard of any problems.” Clemmons responded it’s an “opportunity to be proactive” that doesn’t cost the state anything or harm providers that say they’re following rules. Rep. Clark Boyd (R) said it sounded like a federal issue, but Clemmons said Tennessee can’t rely on national policymakers to do anything in the current political climate. Democratic subcommittee members supported the bill. Tennessee lawmakers often talk about the importance of states' rights, noted Rep. Karen Camper (D). “This is a situation where the state could act” and “maybe it will prompt the federal government to act,” she said. Clemmons said he would ask Gov. Bill Lee (R) about issuing an executive order if his bill didn’t pass. The Democrat last year asked former Gov. Bill Haslam (R) but got no reply, he said.
The FCC should study health risks of 5G RF emissions, city council members in Portland, Oregon, agreed Wednesday. The council, comprised of Mayor Ted Wheeler (D) and four commissioners, unanimously agreed to a resolution asking the FCC to work with the Food and Drug Administration and other federal agencies to revisit the RF emissions issue.
Consolidated Communications resolved issues leading to service-quality probes in Maine and Vermont, and is investing in the northern New England territory it acquired from FairPoint in 2017, executives said in an interview. Customer calls to utility commissions in Maine, New Hampshire and Vermont declined, after a surge in late summer 2018, commission data shows. The states heard more gripes after the FairPoint sale (see 1810020045).
An Oregon House panel cleared a state USF measure to establish a broadband fund, increase the maximum surcharge to 7 percent and expand the definition of retail telecom service to include wireless and VoIP. The House Economic Development Committee voted 7-4 Monday for HB-2184, referring the measure to the Revenue and Ways and Means committees. The broadband fund would provide grants and loans in unserved and underserved areas for at least 25 Mbps download/3 Mbps up. The panel adopted an amendment that would cap the fund at $30 million annually for basic phone service and transfer to the broadband fund the lesser of $10 million or the remainder of USF money above that $30 million. Four Republican committee members voted no at the webcast work session. Rep. Christine Drazan (R) wants to let the new state broadband office (see 1812200048) "get up and running, and identify what the projects are and what the actual scope of the need is, before moving forward with a specific measure.” Rep. Kim Wallan (R) wants to see a broadband map before giving money, she said. The Public Utility Commission last year held off voting on requiring VoIP to contribute to state USF (see 1811280057).