Minnesota Municipal Utilities Association

LMC, MMUA File Joint Comments With FCC on 'Small Cell' Petition

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LMC, MMUA File Joint Comments With FCC on 'Small Cell' Petition

March 9, 2017

The League of Minnesota Cities (LMC) and MMUA on March 8 joined in comments to the Federal Communications Commission (FCC), in the matter of Streamlining Deployment of Small Cell Infrastructure By Improving Wireless Facilities Siting Policies. Numerous parties filed comments, including joint comments from the National League of Cities and allied governmental organizations.
 
On Nov. 15, 2016, Mobilitie filed a petition requesting the FCC issue a Declaratory Ruling interpreting the “fair and reasonable compensation” provision of Section 253(c) of the Federal Telecommunications Act (TCA), as amended. Section 253 provides the FCC with some authority to preempt enforcement of any state or local government action that may inhibit the ability of an entity to compete effectively in providing telecommunications services. However, Section 253(c) intentionally preserves the role of state and local authorities to manage the public rights-of-way or to require fair and reasonable compensation from telecommunications carriers to provide their services.
 
The FCC requested comment on Mobilitie’s Petition, but also asked for input on additional issues related to deployment of next generation wireless infrastructure, including how federal law applies to local government review of wireless facility siting applications and local requirements for gaining access to rights of way.
 
The municipal organizations urged the Commission to not interfere with management of property by local municipalities. Follow the links above for more information.

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