The Federal Communications Commission ("FCC") has issued a Notice of Inquiry ("NOI") (WC Docket 11-59) in which it seeks information on a number of issues dealing with local public rights of way management and compensation. With the ultimate goal of increasing broadband deployment throughout the country, the FCC seeks to work with state, tribal and local governments and other stakeholders to identify ways of improving rights-of-way polices and wireless facilities siting requirements.
The NOI is intended to assist the FCC with its understanding of current rights-of-way and wireless facilities siting policies and if and to what extent, these policies affect broadband deployment. The record developed by this proceeding will help the FCC determine whether there is a need for coordinated national action to improve these policies and what role the FCC should play. As such, the FCC seeks a detailed record of broadband deployment issues so that it might have a factual basis upon which to determine the nature and extent of any problems.
This NOI strikes at the heart of local governments' land use authority and could significantly affect local governments' ability to manage and collect compensation for the use of the public rights-of-way. National organizations (NACO, NLC, U.S. Conference of Mayors, etc.) will be filing comments on the FCC's authority in this matter, and urge ALL local governments to participate in the NOI and file comments. They maintain that individual local governments should file factual comments with the FCC to inform them of the true value and importance of maintaining local rights-of-way authority and that "one size fits all" federal regulatory rules are not needed.
Comments to the NOI are due July 18, and replies are due August 30.
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