FCC POTENTIALLY APPROVING NEW PREEMPTIONS FOR LOCAL SMALL CELL DEPLOYMENT

Late last week, the Federal Communications Commission (FCC) released a document that would create substantial preemptions on local small cell infrastructure improvement. It is scheduled to be reviewed and possibly approved later this month.

This document outlines the massive loss of local control municipalities would face regarding small cell deployment in the municipal right-of-way, including issues like undergrounding, negotiations for public benefits and the ability to fully control the appearance of city streets by limiting local aesthetic requirements.

The proposal would undo all the hard work accomplished in HB 478, which made into law the agreed-upon compromises and negotiations between Ohio's municipalities and the telecommunications industry. Instead, many of the benefits of utility statues would be handed to wireless providers and have the potential to free them of the requirement to build out and provide services to all residents in a reasonable timeframe.

Municipalities would also face substantial revenue losses as the proposal limits recurring fees for small cells in the rights-of-way, in addition to the cost of several new unfunded mandates. To read more about the specific items in the proposal click HERE.

The FCC will be holding an open meeting on Wednesday, September 26. The proposal will go into effect if a majority of commissioners approves it. We are asking all our local officials to write and express their opposition to this proposal by the FCC's deadline of Tuesday, September 18. You can find a template letter HERE.

It is imperative that our municipal officials let the federal government know Ohio municipalities strongly object to preemptions by the federal government over local control. Please write and express your opposition to the FCC today.