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Posted on: May 22, 2020

FCC to Consider Further Action Preempting Local Authority

This week the Federal Communications Commission announced that it would be considering at its June 9th open meeting, the “State/Local Approval of Wireless Equipment Modifications Under Section 6409(a)” Declaratory Ruling and Notice of Proposed Rulemaking.  The League opposes the Declaratory Ruling (Ruling) and Notice of Proposed Rulemaking (NPRM).

The Ruling and the NPRM stem from petitions filed by the Wireless Industry Association (WIA) and the Communications Technology Industry Association (CTIA), in late 2019. These proposals aim to further limit local oversight of wireless towers and pole attachments.  If enacted, the proposals would substantially limit current authority local governments have to manage changes made to large wireless towers in their communities, as well as further limiting the control pole owners, such as local governments or utilities, have over pole attachments. For more information please see the League’s recent blog post.

The League has submitted a letter to FCC Commissioners, opposing the Ruling and NPRM and supporting the comments that the National League of Cities and other local government groups have submitted in regard to the WIA and CTIA Petitions.

We strongly urge all to write to the FCC expressing their opposition to this unnecessary and inappropriate preemption of local control. If you do submit a letter, we kindly request that you please be sure to copy the League.

Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481 x137.  


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