Local Officials Mull Suing the FCC

National organizations representing municipalities are rebelling against Federal Communications Commissioner Brendan Carr’s plan to streamline the deployment of the 5G wireless infrastructure known as small cells. The proposal, set for a Sept. 26 vote, would preempt local government authority, a measure of run-around that wireless giants like AT&T and Verizon say may be necessary for 5G deployment given delays they face at the local level. That doesn’t sit right with the municipal groups, which say the plan amounts to federal overreach that could harm public safety and local governments’ ability to collect vital revenue. If Carr’s plan is enacted unchanged, the US Conference of Mayors “and its members will seek relief in federal court to overturn this unprecedented overreach,” CEO Tom Cochran said. The National League of Cities is also opposed and “absolutely” expects litigation to follow, Angelina Panettieri, the league’s principal associate on telecommunications. The National Association of Counties is objecting too, says spokesman Brian Namey: “By narrowing the window for evaluating 5G deployment applications, the FCC would effectively hinder local governments’ fulfillment of public health and safety responsibilities during the construction, modification or installation of broadcasting facilities.” The Conference of Mayors complained that the FCC itself estimated its proposed small cell streamlining “threatens future revenues to local (and state) governments by billions of dollars over the next decade” (Commissioner Carr had touted estimates funded by Corning, a company with a financial interest in small-cell deployment). In the days leading up to the FCC’s Sept. 26 vote, “I do think you’re going to see a lot of response from municipalities, from utilities,” the NLC’s Panettieri said. Commissioner Carr, for his part, has sought to talk with local officials and called several, including Panettieri. He maintains local leaders broadly back his plan. “I'm pleased that dozens of mayors, local officials, and other state leaders all support FCC action,” Commissioner Carr said.