Federal, state, and local governments debate which should control deployment and regulation of 5G networks - Entrepreneur Generations

"The next generation of wireless technology, 5G, could bring major advancements in everything from entertainment to public safety. But federal, state and local governments are at odds over how that technology should be deployed and where regulatory authority over it should reside," Korey Clark reports for State Net.

5G could mean big changes for rural areas, with speeds up to 100 times faster than current wireless networks: everything from telemedicine to farming could get a boost. But 5G requires a lot more relay towers (called small-cell antennas) and is more expensive to build out in general, so it could be a while before rural areas see it. 

Still, some small towns could negotiate with wireless providers to bring the new network there--but state laws may prevent some from doing so. Many have been blocked from such an action by state laws establishing statewide requirements for small-cell installations. "Twenty-one states have passed such laws, according to the National Conference of State Legislatures," Clark reports. "Some bar local governments from negotiating their own deals with wireless providers or impose restrictions on such agreements. For example, legislation enacted in Texas in 2017, SB 1004, capped municipal ROW fees for small-cell installations at $250 per network node, well below the $1,500-$2,500 some of the state’s major cities were charging, potentially denying them millions of dollars a year, as Governing reported." The co-sponsor of the Texas bill, Republican Sen. Paul Bettencourt, said the the law was meant to ensure that local governments don't use 5G roll out as a "major revenue source."

But John Davis, borough manager of Doylestown, Penn., told CNET that the town's battle with a wireless operator over the placement of small-cell antennas downtown was not about fundraising for the town. "We never saw this new infrastructure as a cash cow," Davis said. "But they’re using rights of way that belong to the public, and we deserve to be fairly compensated for it."

Hawaii and a few other states passed small-cell laws that gives local governments more leeway to negotiate with wireless carriers, but in September the Federal Communications Commission passed a rule and order that preempts any state or local laws and ordinances that conflict with FCC provisions. "Those provisions include “shot clock” time limits for processing applications for small-cell installations - 60 days for installations on existing infrastructure and 90 days for those involving new utility poles - as well as limits on application fees and a $270 cap on ROW charges," Clark reports. "The order also provides guidance on when aesthetic or other state or local requirements, such as 'undergrounding,' the deployment of infrastructure below ground, constitute an 'effective prohibition' of service."

The FCC said the order draws on "balanced and commonsense" measures from state and local small cell bills and is meant to "remove regulatory barriers" that would unlawfully prevent the build out of infrastructure needed to support 5G networks. "But the order has also generated plenty of pushback. NCSL and the National Governors Association filed a joint statement saying the order would hamstring any state 'looking to ensure inclusive and equitable access to high-speed internet services to residents,'" Clark reports. 

Dozens of cities and counties have sued to block the FCC ruling. Meanwhile, nine states have introduced bills this year to regulate 5G rollout, including Georgia, West Virginia and Montana, Clark reports.

from The Rural Blog https://ift.tt/2uoBgax Federal, state, and local governments debate which should control deployment and regulation of 5G networks - Entrepreneur Generations

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