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HomeMy WebLinkAbout2019-02-26 - AGENDA REPORTS - FEDERAL LEGISLATION: HOUSE RESOLUTION 530 (2)Agenda Item: 4 DATE: February 26, 2019 SUBJECT: FEDERAL LEGISLATION: HOUSE RESOLUTION 530 DEPARTMENT: City Manager's Office PRESENTER: Masis Hagobian RECOMMENDED ACTION City Council support House Resolution 530 (Eshoo) and transmit position statements to Representative Anna Eshoo, Santa Clarita's federal legislative delegation, the House of Representatives Committee on Energy and Natural Resources, other appropriate legislative committees, and other Members of Congress, as appropriate. BACKGROUND Authored by Representative Anna Eshoo (D -CA -18), House Resolution 530 proposes to reverse recently adopted regulations by the Federal Communications Commission (FCC) that preempt local control related to the installation of small wireless facilities (e.g., telecommunication equipment attached to poles) and leasing of public infrastructure in the right-of-way. In fall 2018, the FCC adopted regulations preempting the ability of cities and states to regulate small wireless facilities needed for the deployment of 5G network service. Specifically, the adopted FCC regulations (1) reduced the time for cities and states to review small wireless facility applications and (2) set a cap on the fees cities and states can charge communication companies on the installation of small wireless facilities and on-going leasing of the attachment to municipally -owned infrastructure. The City Council sent a letter to the FCC Chair, Ajit Pai, regarding the City Council's concerns and opposition of the adopted FCC regulations during the public comment period in fall 2018. The City of Santa Clarita 2019 Legislative Platform (Legislative Platform) also includes a component related to small wireless facilities. Specifically, component four under the "Federal" section of the Legislative Platform advises that the City Council, "Oppose legislation that limits or eliminates local discretionary review of the installation of small cell wireless equipment or any wireless technology facilities on public infrastructure or in the public right-of-way." Page 1 This bill proposes to reverse FCC regulations that limit local discretionary review of the installation of small wireless facilities attached to the public right-of-way, and therefore is consistent with the City's adopted Legislative Platform. The National League of Cities and the League of California Cities support this bill. House Resolution 530 was introduced on January 14, 2019, and referred to the House Committee on Energy and Commerce. ALTERNATIVE ACTION 1. Adopt a "neutral" position on House Resolution 530 2. Adopt an "oppose" position on House Resolution 530 3. Take no action on House Resolution 530 4. Refer House Resolution 530 to the Legislative Committee 5. Other action, as determined by the City Council FISCAL IMPACT The resources required to implement the recommended action are contained within the City of Santa Clarita's adopted Fiscal Year 2018-19 budget. ATTACHMENTS House Resolution 530 - Bill Text Page 2 .AUTHENnc-..>rED 774 - GOVERN_NT iNror.M anoN GPO I 116TIl CONGRESS lH. R. 530 sr SEsslo To provide that certain actions by the Federal Communications Commission shall have no force or effect. IN THE HOUSE OF REPRESENTATIVES JANUARY 14, 2019 iNls. Esrroo (for herself and Nls. SPEIER) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide that certain actions b -,r the Federal Cormnunications Commission shell have no force or effect. 1 Be it enacted by the Senate and House of Representa- 2 owes of the United States of America in Congress assetubled, 3 SECTION 1. SHORT TITLE. 4 This Act ma -,T be cited as the "Accelerating 5 Broadband Development b -,r Empowering Local Cormnu- 6 pities Act of 2019". 7 SEC. 2. PRESERVATION OF RIGHTS OF STATE AND LOCAL S GOVERNMENTS. 9 Actions by the Federal Cormnunications Commission 10 in "Accelerating Wireless and Wireline Broadband De - 2 1 ploylnent b -,r Removing Barriers to Infrastructure Invest - 2 ment" (83 Fed. Reg. 51867) and the Federal Cominunica- 3 tions Commission's Deelaratoi-Nr Raaling in "Third Report 4 and Order and Deelaratoi-Nr Raaling" (FCC 18-111) shall 5 have no force or effect. *HR 530 IH