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2023 Federal Legislative Priorities <br />MMUA asks Congress <br />to consider: <br />• Restore local control, <br />including what permit <br />fees may be charged <br />by a local unit of <br />government for use <br />of their rights-of-way <br />and infrastructure by <br />telecommunication <br />companies. <br />• Public power utilities <br />and rural electric <br />cooperatives are <br />not obstacles or <br />barriers to entry <br />to 5G or other <br />telecommunications <br />development. <br />Treatment of pole <br />attachment fees <br />and services has <br />been successfully <br />negotiated between <br />utilities and the <br />telecom industry for <br />decades. <br />In 2018, the FCC issued final comments and orders that took effect in January 2019, which <br />reversed the long-held interpretation of the Federal Communications Act that municipal <br />utilities were exempt from FCC oversight. This new rule was upheld by the Ninth Circuit <br />Court of Appeals. As a result, local control over the use of rights-of-way and infrastructure <br />became subject to challenge by telecommunication companies who view local regulations <br />as a barrier to full implementation of 5G technology. <br /> <br />Utility poles are not designed to accommodate additional structures such as small-cell <br />antennae. Their co-location on utility poles can impose safety risks to line workers, and <br />the extra weight may void warranties. Local utilities are then responsible and liable for <br />equipment that is not even theirs. <br />POLE ATTACHMENTS <br />230