A coalition of national organizations representing local governments and those responsible for rights-of-way management filed comments in late July in response to the Federal Communications Commission’s (FCC) Notice of Inquiry (NOI) entitled “Expanding the Reach and Reducing the Cost of Broadband Deployment by Improving Policies Regarding Public Rights of Way and Wireless Facilities Siting.” The extensive comments forcefully make the case that local government rights-of-way policies and procedures neither hinder nor delay broadband deployment and adoption.
The local government coalition calls on the FCC to reject federal regulation of local rights-of-way practices and challenges the Commission’s legal authority to regulate these local policies noting specifically that such regulation “would run afoul of the Communications Act and raise serious constitutional concerns.”
The coalition’s comments underscore the reality that one size cannot fit all and that state and local policies surrounding rights-of-way are complex and necessarily reflect community specific public interest objectives. Federal regulations should not preempt local decisions concerning public safety, roadway maintenance and other infrastructure investments.
Recognizing it can make communities “more competitive, trigger economic development and improve the delivery of government services,” the coalition’s comments reiterated that increasing broadband deployment and adoption continues to be “a priority” for local governments across the nation.
The coalition believes that “the Commission should work cooperatively with its State and local partners” and urges the FCC to reestablish intergovernmental boards and task forces to increase broadband deployment “(i)nstead of regulating State and local practices.”
ICMA, National League of Cities, National Association of Counties, the United States Conference of Mayors, the Government Finance Officers Association, the International Municipal Lawyers Association, the American Public Works Association and the National Association of Telecommunications Officers and Advisors jointly submitted the comments.