States contest FCC’s small cell rule, prompting Senate bill

Twenty-five states, including NY and CA, have not adopted the Federal Communications Commission’s new rule regarding the deployment of new small cell equipment. And, a couple of states are appealing the FCC’s rule in the US Court of Appeals for the Ninth Circuit, which is taking up the question of whether the FCC has authority in the matter. Now, Sens John Thune (R-SD) and Brian Schatz (D-HI) have introduced a bill that would codify many parts of the FCC’s rule. The senators reintroduced the Streamlining the Rapid Evolution And Modernization of Leading-edge Infrastructure Necessary to Enhance (Streamline) Small Cell Deployment Act. The legislation would update the Communications Act, bringing the rules for small cell deployment under federal control. Given the proposed legislation in Congress and the appeal, the determination about small cell deployment could drag on for quite some time, probably into 2020.