The FCC’s draft third report and order and declaratory ruling on pole attachments released today with the tentative agenda for the agency’s Aug. 2 meeting includes several provisions aimed at preempting state and local government actions that the Commission deems to block telecom facilities deployment or inhibit rebuilding or restoration of broadband infrastructure after a disaster.
The draft item would include a provision delegating authority to act petitions for preemption of moratoria to the Wireline Competition and Wireless Telecommunications bureaus.
Also on the tentative agenda for the Aug. 2 meeting are a draft public notice to set procedures for auctions of 28 gigahertz and 24 GHz band spectrum; a draft further notice of proposed rulemaking on changes to the rules for the 37 GHz, 39 GHz, and 47 GHz bands to facilitate a planned auction next year; a draft notice of proposed rulemaking to provide TV repacking funding to low-power TV, TV translator, and FM radio stations; a draft notice of inquiry seeking input on a potential telehealth pilot program; and a draft report and order to establish rules for a broadcast ownership diversity incubator program.
As FCC Chairman Ajit noted yesterday in a blog post (TR Daily, July 11), the pole attachment item stems in part from a “one-touch-make-ready” (OTMR) recommendation pole developed by the FCC’s Broadband Deployment Advisory Committee, which has been criticized for its sparse local and state government representation, compared to industry members.
The FCC said today in a fact sheet accompanying the draft text in WC docket 17-84 and WT docket 17-49 that the declaratory ruling “would conclude that section 253(a) of the Communications Act prohibits state and local moratoria on telecommunications facilities deployment.”
It would define “‘moratoria’ barred by section 253(a) to include both express moratoria and de facto moratoria that effectively halt or suspend the acceptance, processing, or approval of applications or permits,” the fact sheet says.
The draft declaratory ruling would also “[d]etermine that moratoria are generally not protected by the exceptions to the section 253(a) prohibition” and would “[d]irect the Wireline Competition Bureau and Wireless Telecommunications Bureau to act promptly on petitions challenging specific alleged moratoria.”
The draft third report order would also include a preemption provision making “clear” that the FCC “will preempt, on a case-by-case basis, state and local laws that inhibit the rebuilding or restoration of broadband infrastructure after a disaster. Continue reading →