6.2. ERMUSR 03-12-2019 - Laserfiche WebLink

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11111.11/8 ffirtrirlsoatt installation of small-cell telecommunications and the publicly-owned utilities serving equipment. This order took effect January 14, municipalities must have the authority to account 2019. The order is under legal challenge, a move for the safety and health of their communities supported by MMUA and APPA, but the legal as well as authority over technical and aesthetic issues could more efficiently and cost-effectively considerations. They must also be able to impose be dealt with by congressional action vacating the fees that fully cover the costs associated with order and restoring local control. processing small cell installation applications and enforcing related local ordinances and regulations The new FCC regulations prescribe what small applicable to small-cell providers. This is the only cell antennae equipment cities must allow in their way to fully ensure that the public not be forced to ROWs and on their infrastructure, such as utility subsidize the protected private use of the public's poles. These regulations include tight timelines assets. for processing applications, and fee limits that, if exceeded, are presumed to be excessive and thus an Without Congressional action to undo the FCC's unlawful barrier to access. order, MMUA and its member utilities will be forced to continue seeking relief from the courts. The Minnesota Legislature debated this issue in Litigation is far more costly than reasonable 2017. Legislation was developed that would have legislation to restore long protected local control preempted local control on a number of issues efforts. To minimize costs, MMUA is currently related to the expansion of 5G service and"small working with three other states to identify the cell"wireless, but in the end the Legislature best way to support and participate in current and exempted municipal utilities from the new possible future legal challenges to the FCC's order, regulations. but even shared efforts are expensive. The basis for the FCC's approach appears to be a MMUA Position new perspective that simply disregards the benefits MMUA urges Congress to pass legislation in line of local accountability, combined with a suggestion with Rep. Eshoo's HR 530 which would overturn that local governments may be creating a "barrier the FCC's jurisdictional overreach and restore local to service providers" seeking to establish their more control over public rights-of-way, utility poles and profitable 5G networks via the use of small-cell attachments, and the fees which can be charged for equipment. providing access to them. Finally, Congress needs to oppose efforts to bypass previously provided When establishing appropriate regulations and congressional exemption from most FCC oversight fees regarding pole attachments and public of municipal utilities' control of their ROWs and rights-of-way under their care, local governments infrastructure. Safety and aesthetics are legitimate local government concerns. Pole attachments can be particularly troublesome in cities tt 114 ' _ where much of the utility T, infrastructure has already been placed underground. "41" � :1 Pictured here is Barnesville. �.�. "7s �''""'A • 2019 Federal Position Statements/7 133