The U.S. Conference of Mayors is circulating a letter to object to provisions in the draft MOBILE NOW Act that it says threaten local zoning and police powers over the siting of wireless infrastructure. The legislation may be introduced this week, Senate Commerce, Science, and Transportation Committee Chairman John Thune (R., S.D.) said today (see separate story), and the bill is not expected to be marked up until the week of Feb. 22 at the earliest, according to the mayors’ group, which plans to send the letter to the Senate Commerce Committee.

 In an e-mail seeking support for the letter, the group complains that the draft legislation would “substantially modify existing federal law and protections for local authorities, mostly set forth under Section 332(c)(7)” of the 1934 Communications Act, as amended.

 It complains that the bill (1) “[e]xpands the types of services that are covered by federal zoning rules, and creates a new standard on ‘unreasonable discrimination,’” (2) “[c]odifies and expands the FCC’s recent Shot Clock Ruling that the ‘prohibition’ language applies not just to the provision of a wireless service, but also to any local requirements that have the effect of prohibiting the ability of ‘any entity to provide any service in support of personal wireless service,’” (3) “[p]reempts local government ability to require removal or replacement of wireless facilities due to ‘the passage of time’ or ‘the availability of alternative technology or design,’” (4) “[p]rohibits local government from requiring information to evaluate a provider’s claim there is ‘gap in coverage,’” (5) “[b]ars local governments from governing the size or placement of emergency backup power systems and from taking any steps to ensure that such facilities comply with federal and state environmental regulations,” (6) “[i]mposes for the first time limitations on fees a locality can assess on permits (even though many state laws already do this),” and (7) “[i]mposes the most conservative interpretation of the FCC’s ‘shot clocks’ to include all proceedings required for the approval of the request.” – Paul Kirby, paul.kirby@wolterskluwer.com

Courtesy TRDaily