WASHINGTON-Federal Communications Commission Chairman Bill Kennard, signaling a clear policy shift, declared late last week that “pre-emption shouldn’t even be considered” until the wireless industry and local zoning authorities first try to reach a compromise themselves.
In favoring a negotiated settlement between industry and local officials over federal pre-emption, Kennard’s remarks were his strongest to date on the contentious issue and represented a break with former FCC Chairman Reed Hundt’s tight embrace of a federal wireless policy.
Hundt left office without integrating that policy into antenna siting rules, despite repeated entreaties by industry during the past several years.
“The answer here is not for the heavy hand of federal government to just roll over local municipalities,” said Kennard in a briefing with reporters on Friday.
Kennard, who insisted the 1996 telecom act is showing progress, laid out an ambitious agenda for 1998. The FCC will rule early this month on C-block personal communications service debt restructuring, and Kennard said rules on wireless fixed-mobile flexibility will be set the first half of this year.
“The goal here is to find a way that local zoning authorities can work with the wireless industry to make sure their siting needs are accommodated,” Kennard stated.
In the meantime, there remain at least 200 antenna siting moratoria that the industry complains are hindering the buildout of new personal communications services systems and the expansion of cellular telephone networks.
In addition, there are bipartisan bills in the House and Senate that would roll back limited federal pre-emption regarding health concerns and return to cities and states all jurisdiction over antenna siting regulation.
Senate Commerce Committee Chairman John McCain (R-Ariz.) and House telecommunications subcommittee Chairman Billy Tauzin (R-La.) want to counter that legislation with bills of their own that would ease siting delays and at the same time improve wireless 911 service around the country.
The wireless industry, for its part, says it wants to see more leadership from the FCC on antenna siting instead of waiting for cues from Congress.
“I think the FCC has exerted a leadership role here,” said Kennard.
“That leadership role involves bringing the parties together. We’re doing that through our local (government) advisory committee.”
However, the wireless industry claims the FCC has not done enough to find common ground.
Indeed, Kennard has yet to respond to a recommendation last November by Cellular Telecommunications Industry Association President Thomas Wheeler “to assert your authority and influence to bring about this coming together of the wireless industry and state and local authorities.”
At the same time, Kennard plans to meet this year with Vermont Gov. Howard Dean, an outspoken champion of citizens who complain antenna towers are scarring the beautiful New England landscape.
“I’ve told the wireless industry and the broadcasting industry that they’ve got to work with local governments to solve this problem,” said Kennard. “It is a solvable problem. You can find a win-win here.”
In defense of local municipalities, Kennard said those entities are being bombarded with requests for tower siting and need assistance from both the FCC and industry “to help them develop a management plan to accommodate these sites.
“Until that dialogue takes place,” Kennard said, “pre-emption shouldn’t even be considered.”
