6.1a ERMUSR 03-13-2017 - Laserfiche WebLink

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IIIIIIIIIIIfft Position Statement Preserve Local Control of Pole Attachments Across the nation, wireless service providers are 11‘,4164 ,e. making legislative and regulatory efforts to restrict tiOOP local governments from regulating access to their utility poles, traffic signals, streetlights, and signs for attaching antenna equipment to increase r wireless service. In Minnesota, providers are seeking unrestricted access to public rights-of-way, as well as pushing to cap local cost recovery and impose timelines for local governments to approve ` 11111) • permits. Legislative Efforts i " t Municipal utilities are currently exempt from f / Federal Communications Commission (FCC) jurisdiction over pole attachments. However, the . - . �� e legislation introduced in Minnesota would cap the s *� '' annual rates local governments would be allowed to • charge wireless providers for collocating small cell x, ' ;` f' wireless facilities to the Federal Communications Telecommunications Pole Attachment Formula 1�'` t 1, rate under 47 CFR, §1.1409 (e) (2). This state '_`" ir ,;,, legislation would have the practical effect of �` r{ t removing local control and tying Minnesota municipalities to the FCC rate. With the FCC / ,tr pole attachment rate having been lowered to the f I cable rate, a municipality is unlikely to recover the maintenance and management costs for the `ilk ,, attached facilities. It is appropriate that local )1 # , � technical, health, and safety considerations be considered when establishing appropriate pole attachment rates and that these decisions are best made locally. MMUA opposes efforts—at both the Electric linework is a hazardous, highly technical,and federal and state level—to subject municipalities to physically demanding job. Adding additional infrastructure in the FCC pole attachment rate. close proximity to high voltage lines would create additional hazards and potentially violate the National Electric Safety Code. Regulatory Efforts Concurrently, the FCC is seeking comments on inquiry to include Section 332 of the TCA, which a petition from Mobilitie for a declaratory ruling addresses the expansion of wireless facilities. interpreting the "fair and reasonable compensation provision of the Federal Telecommunications Act The FCC is looking for input on several items, (TCA), Section 253. This section provides the including local government practices that may have FCC with some authority to preempt enforcement an effect on prohibiting providing wireless service, of any state or local government action that may whether the "reasonable period of time" for small inhibit the ability of an entity to compete effectively in providing telecommunications services. In its request for comments, the FCC expanded the continued on next page 2017 Federal Position Statements/5 174