Wireless Deployment Regs Entering State Law — PCIA

July 7, 2015

Bloys

Iowa Governor Terry Branstad signed into law a bill aimed at speeding the deployment of wireless infrastructure on June 23. It was the second such bill in as many months with the passage of the Indiana Wireless Telecommunications Investment Act on May 27. (see our story) We asked Van Bloys, government affairs Counsel, PCIA – The Wireless Infrastructure Association, to explain the significance of this legislation and provide some perspective.

AGL Link: What key aspects do these bills have in common?

Bloys: Both the Indiana and Iowa bills:

Limit the materials required for an applicant to turn over with an application. For instance, both prohibit local requirements that an applicant turn over information relating to an applicant’s proprietary business decisions.
Improve access to public rights-of-way and/or utility poles, where many providers are deploying small wireless facilities.
Provide time limits for approval or denial of applications, based on facility type, to promote predictability for both industry and local government.
Require fees to be cost-based to improve accountability.

AGL Link: Are these bills related to federal legislation (Section 6409)?

Bloys: Some aspects of these bills codify the FCC’s rules implementing Section 6409(a). In that way, they relate both to federal legislation as well as the federal regulations implementing that legislation.

AGL Link: What other states have drafted this type of legislation or are these the first?

Bloys: Since the passage of Section 6409(a), many states have codified aspects of the federal statute (see list below). However, since the FCC’s final rules were published in the October 2014 Acceleration of Broadband Deployment Report and Order, these are the first state statutes codifying aspects of the FCC’s final rules implementing Section 6409(a).

AGL Link: Are these bills taking FCC regulation and turning it into state law?

Bloys: In short, yes.

Two bills in the 2014 session (Colorado HB 1327 and Washington HB 2175) codified one aspect of the FCC’s 2014 Acceleration of Broadband Deployment Report and Order. These two states adopted the PCIA-developed, technology-neutral, volume-based definition for small wireless facilities that the FCC also adopted with respect to small wireless facility regulatory relief under Section 106 of the NHPA. The Indiana bill also adopts this definition.

Moreover, the Indiana and Iowa bills both codify timeframes first set forth by the FCC in the 2009 Shot Clock Declaratory Ruling. Other states that have done so in recent years include:

Missouri SB 650 (2014)