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September 22, 2018 12:03 am

FCC Angers Cities, Towns With $2 Billion Giveaway To Wireless Carriers

An anonymous reader quotes a report from Ars Technica: The Federal Communications Commission's plan for spurring 5G wireless deployment will prevent city and town governments from charging carriers about $2 billion worth of fees. The FCC proposal, to be voted on at its meeting on September 26, limits the amount that local governments may charge carriers for placing 5G equipment such as small cells on poles, traffic lights, and other government property in public rights-of-way. The proposal, which is supported by the FCC's Republican majority, would also force cities and towns to act on carrier applications within 60 or 90 days. The FCC says this will spur more deployment of small cells, which "have antennas often no larger than a small backpack." But the commission's proposal doesn't require carriers to build in areas where they wouldn't have done so anyway. The FCC plan proposes up-front application fees of $100 for each small cell and annual fees of up to $270 per small cell. The FCC says this is a "reasonable approximation of [localities'] costs for processing applications and for managing deployments in the rights-of-way." Cities that charge more than that would likely face litigation from carriers and would have to prove that the fees are a reasonable approximation of all costs and "non-discriminatory." But, according to Philadelphia, those proposed fees "are simply de minimis when measured against the costs that the City incurs to approve, support, and maintain the many small cell and distributed antenna system (DAS) installations in its public rights-of-way." Philadelphia said it "has already established a fee structure and online application process to apply for small cell deployment that has served the needs of its citizens without prohibiting or creating barriers to entry for infrastructure investment." The city has also negotiated license agreements for small cell installations with Verizon, AT&T, and other carriers. In addition to Philadelphia, the Rural County Represenatives of California (RCRC), a group representing 35 rural California counties, also objects to the FCC plan. They told the FCC that its "proposed recurring fee structure is an unreasonable overreach that will harm local policy innovation." "That is why many local governments have worked to negotiate fair agreements with wireless providers, which may exceed that number or provide additional benefits to the community," the RCRC wrote. "The FCC's decision to prohibit municipalities' ability to require 'in-kind' conditions on installation agreements is in direct conflict with the FCC's stated intent of this Order and further constrains local governments in deploying wireless services to historically underserved areas."

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