WASHINGTON – Following up on a spate of concerns put forth by his constituents nationwide, Cellular Telecommunications Industry Association President Tom Wheeler has asked Wireless Bureau Chief Michele Farquhar for clarification on a number of state and local problems that may be impeding the government-mandated growth of wireless networks.
In a Jan. 3 letter, Wheeler cited “three of the most frequently disputed issues between wireless carriers and state and local governments.”
State and local regulation of radio frequency emissions,
Excessive fees levied on pole attachments and other siting issues, and
Moratoria on wireless siting authorizations.
According to CTIA members, several states have tempered or denied outright applications for wireless installations based on either state-funded RF emissions studies or related environmental issues; CTIA believes this action is a violation of the Communications Act. In addition, a Florida city passed an ordinance that assesses a $40,000-per-year fee on a 200-foot monopole; other wireless operators placing antennas on the pole will be taxed 25 percent of the value of the lease annually. Those who place antennas on pre-existing utility poles also could be liable for these charges. Referring to its petition for rulemaking filed in September, CTIA again pointed out that the FCC has “the authority and the obligation to pre-empt discriminatory and/or excessive state and local taxes and assessments.”
Wheeler saved the best shot for last, detailing the demands of an East Coast city on prospective telecom franchisees. A six-page “wish list” included a carrier charging the city not only the lowest rate it has to offer but then chopping 20 percent off of that price; “charges for these services may be offset against the franchise fee which equals 5 percent of the carrier’s gross income,” Wheeler wrote. “If charges exceed the current year’s franchise fees, they may be offset against the franchise fees of future years.” Carriers also would have to provide dark fiber and lateral connections free of charge to all government buildings, even though “it is unclear whether such conditions will be imposed on wireless carriers who otherwise would lack the need for the installation of extensive fiber optic facilities.
“To prevent further disregard for the state goals of Congress and the commission in this area, CTIA herein requests clarification of the bounds of state and local authority to regulate the services and facilities of wireless telecommunications carriers,” Wheeler concluded.
The bureau has not released a response.
