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Table of Contents - January 23, 2018

BDAC Tackles Pole Attachments, Muni Permitting, Other Issues

Despite objections and concerns on some issues from pole owners, existing attachers, and municipal representatives, the FCC's Broadband Deployment Advisory Committee today adopted recommendations from its competitive access working group and state and local regulatory barriers working group, deferring until tomorrow a vote on final changes to a previously vetted report from the working group on streamlining federal siting, as well as presentations on model codes for states and municipalities, which are not expected to be subjected to votes.

In a proposed minority report referenced briefly by San Jose (Calif.) Mayor Sam Liccardo during today's discussions, he and other representatives of San Jose, McAllen, Texas, and New York City said that the BDAC's reports "are grounded in a flawed theory that the FCC possesses certain legal authority that we believe, and a review of case law will affirm, that it does not possess. Moreover, because state and local interests were far outnumbered in both the BDAC itself and on the various working groups, the proposed 'consensus reports' more often than not reflect only industry's interests while turning a blind eye to the position of municipalities. In some of the reports, capturing this legal conflict in footnotes was not workable as the legal fiction of the Majority was the basis for almost every recommendation buttressed with a threat of preemption should state or local government not toe the line or act in the timelines outlined by the Majority."

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