fcc notice of inquiry: acceleration of broadband deployment expanding the reach and reducing the...
TRANSCRIPT
FCC Notice of Inquiry:
Acceleration of Broadband
Deployment
Expanding the Reach and Reducing the Cost of
Broadband Deployment by Improving Policies
Regarding PROW and Wireless Facilities Siting
FCC Notice of Inquiry:Acceleration of Broadband Deployment
Adopted/Released: April 7, 2011 Published/Federal Register: May 17, 2011 Initial Comments Due: July 18, 2011 Reply Comments Due: August 30, 2011
Copy Available at: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-
11-51A1.doc
What is a Notice of Inquiry (NOI)?
A notice issued by the Federal Communications Commission to ask the public for information on, or to generate ideas about, a topic.
Often a precursor to a Notice of Proposed Rulemaking
Goals of the NOI
Improving government policies for access to rights of way and wireless facilities siting
Remove barriers to infrastructure investment
Reduce costs and time required for broadband investment
Specifically states that the FCC “seek(s) to work with stakeholders including state and local governments…”
How do local regulations concerning PROW affect broadband deployment?
The perception is that municipalities and local regulations are barriers to entry.
See, e.g.,: The National Broadband Plan @ p. 109: “…the
rates, terms, and conditions for access to rights of way significantly impact broadband deployment…”
NARUC, Promoting Broadband Access Through Public Rights of Way and Public Lands, 2002, @ p. i: “…the rights-of-way practices of certain governmental entities have emerged as a barrier to the deployment of advanced telecommunications and broadband networks…”
How do local regulations concerning PROW affect broadband deployment?
FCC, Declaratory Ruling Concerning Timely Siting Review (“the Shot Clock Ruling”), 11/2009, @ p.1: “In many cases, delays in the zoning process have hindered the deployment of new wireless infrastructure.”
FCC, NOI: Acceleration of Broadband Deployment, 4/2011, Statement of FCC Chairman Julius Genachowski, @ p. 21: “This Initiative is one of the Commission’s top priorities: an agency-wide effort to speed the build-out of wired and wireless broadband by removing obstacles to deployment, particularly obstacles created by unneeded or inefficient regulation.” (emphasis added)
Issues to be Discussed
Timeliness and Ease of Permitting Process
Reasonableness of Charges
Extent to Which Ordinances Have Been Updated to Reflect Current Technologies or Innovative Deployment Practices
Issues to be Discussed
Consistent or Discriminatory/Differential Treatment
Presence or Absence of Uniformity Among Jurisdictions
Other ROW Concerns, including “Third Tier” Regulations Not Directly Related to ROW Use or Facility Siting
Timeliness & Ease of Permitting Process
Has the Shot Clock Ruling been effective in reducing delays in local zoning processes?
Are ROW permit application processes sufficiently clear? How could it be streamlined? What are reasonable timeframes?
Provide specific, disaggregated data about experiences, situations.
Reasonableness of Charges
Are ROW charges reasonable? Can all interested stakeholders agree on what is reasonable?
Provide specific data on current permitting charges, including application, administrative and processing fees.
Are fees published in advance or negotiated individually?
In what circumstances are charges most likely to be unreasonable?
Pricing: Qualitative Information
How are prices set? (To localities) What policy goals are
furthered by ROW practices and charges? (To providers) How do ROW issues
influence deployment decisions? (To providers) In areas where processes
are standardized, how has this affected deployment? What are the benefits?
Extent to Which Ordinances Are Updated to Reflect Current Technology
Are state and local regulations updated to reflect current developments in technology?
Do any locales allow all proposed DAS antennas within a particular network to be combined in a single application?
How do jurisdictions treat use of existing infrastructure (i.e.: pole attachments vs. collocation on wireless towers)?
Consistent or Discriminatory/Differential Treatment
How do ordinances address differences in ROW users and wireless facilities siting applicants?
Are different practices and/or charges reasonable?
What method should be used to determine whether a practice or charge is unreasonable or discriminatory?
Presence or Absence of Uniformity Among Jurisdictions
Does inconsistent treatment of providers among jurisdictions make deployment of broadband more difficult or time consuming?
Does the need to file multiple applications cause problems for infrastructure providers?
Possible FCC Actions Voluntary Programs or Educational
Activities: Educational Efforts and Voluntary Activities Best/Worst Practices Increased Uniformity (through Development of
Model Processes or Practices) Competition and Awards Commission Sponsored Mediation Improved Facilities Deployment Practices
(through Promotion of Innovative Practices) Recommendations to Congress/the
Administration
Possible FCC Actions
Rulemaking and Adjudication Adopt Policy Guidelines Adopt Rules Adjudication
Scope of Policy Guidelines or Rules? Safe Harbors/Triggers Billing Practices Interpretations of Sections 253 & 332
Legal Authority
Does the FCC have the authority to engage in all of the proposed actions?
NOI states a belief that the FCC does have such authority but seeks comment on those views.
National organizations (such as NLC, NACO, NATOA, USCM, APWA) will file comments addressing the scope of the FCC’s authority.
Call to Action
What’s at stake? Control of the PROW Revenue Budgets (additional staffing to meet FCC
imposed timelines and to defend legal actions)
Economic development (if non-broadband applications go to the back of the line)
Zoning control Rental income from cell tower leases
Call to Action
Industry will make their voice heard. Every bad example will be cited.
Cities need to do the same. Remember the perception?? Tell the success
stories. Be specific – name providers by name. Tell the FCC about your community. If you
have competition, let them know. How do you encourage broadband
deployment?
Filing Comments
Electronically: http://fjallfoss.fcc.gov/ecfs2/
Paper by Mail: (1 original & 4 copies)Marlene Dortch
Federal Communications Commission445 12th Street, SW
Washington, DC 20554
NLC Comments Template/Instructions: http://www.nlc.org/influence-federal-policy/advocacy/regulatory-advocacy/regulations---communications--technology
QUESTIONS?
Beccy YochamDeputy City Attorney
City of Lenexa, Kansas12350 W. 87th Street Parkway
Lenexa, KS 66215913.477.7628