UPDATE: FCC RIGHT-OF-WAY REVIEW
League President and Arlington Mayor Robert Cluck, along with key League staff, will visit Washington, D.C., soon to argue to national leaders the importance of right-of-way compensation and regulatory authority for Texas cities.
Last April, the Federal Communications Commission (FCC) released a “Notice of Inquiry (NOI)” regarding local right-of-way regulations and franchise fees and how the agency can “work with” cities “to improve policies for access to rights-of-way and for wireless facility siting.” The NOI could result in federal rules that preempt city right-of-way management authority and/or franchise fees, and could further limit municipal regulations relating to cell towers.
The Texas Municipal League – along with the National League of Cities, the National Association of Counties, the National Association of Telecommunications Officers and Advisors, the U.S. Conference of Mayors, the International Municipal Lawyers Association, and a number of individual Texas cities – submitted detailed comments to protect municipal interests. Today, the Texas coalition submitted reply comments refuting some industry claims that municipal regulations are a barrier to broadband deployment. President Cluck and League staff will use their upcoming visit to supplement those written comments and debunk industry claims regarding the effect of Texas cities’ reasonable polices regarding rights-of-way.