HomeMy WebLinkAbout2019-12-10 - AGENDA REPORTS - FEDERAL LEGISLATION: S. 2012 (2)Agenda Item: 4
DATE: December 10, 2019
SUBJECT: FEDERAL LEGISLATION: S. 2012
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council support S. 2012 (Feinstein) and transmit position statements to Santa Clarita's
federal legislative delegation, the Senate Committee on Commerce, Science, Transportation,
other appropriate legislative committees, and other Members of Congress, as appropriate.
BACKGROUND
Authored by Senator Dianne Feinstein (D-CA), S. 2012 proposes to repeal 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 public 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."
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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.
S. 2012 was introduced on June 27, 2019, and referred to the Senate Committee on Commerce,
Science, and Transportation.
ALTERNATIVE ACTION
1. Adopt a "neutral" position on S. 2012.
2. Adopt an "oppose" position on S. 2012.
3. Take no action on S. 2012.
4. Other action, as determined by the City Council.
FISCAL IMPACT
No additional resources beyond those contained within the adopted Fiscal Year 2019-20 budget
are required for implementation of the recommended action.
ATTACHMENTS
S. 2012 - Bill Text
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.AUTHENnc-..>rED 774
— GOVERN_NT
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11
116Tx CONGRESS S92012
1ST SESSION
To provide that certain regulatory actions by the Federal Communications
Commission shall have no force or effect.
IN THE SENATE OF THE UNITED STATES
JUNE 27, 2019
Mrs. FEINSTEIN (for herself, Mr. SCHUMER, Ms. HARRIS, Mr. BENNET, Mr.
WYDEN, Mr. CARDIN, and Mr. BLUMENTHAL) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
A BILL
To provide that certain regulatory actions by the Federal
Communications Commission shall have no force or effect.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "Restoring Local Con-
5 trol Over Public Infrastructure Act of 2019".
6 SEC. 2. DEFINITION.
7 In this Act, the term "Commission" means the Fed-
8 eral Communications Commission.
2
1 SEC. 3. PRESERVATION OF RIGHTS OF STATE AND LOCAL
2 GOVERNMENTS.
3 The following regulatory actions of the Commission
4 shall have no force or effect:
5 (1) The Declaratory Ruling in the "Third Re-
6 port and Order and Declaratory Ruling in the mat-
7 ter of Accelerating Wireline Broadband Deployment
8 by Removing Barriers to Infrastructure Investment
9 and Accelerating Wireless Broadband Deployment
10 by Removing Barriers to Infrastructure Investment"
11 adopted by the Commission on August 2, 201S
12 (FCC 1S-111).
13 (2) The "Declaratory Ruling and Third Report
14 and Order in the matter of Accelerating Wireless
15 Broadband Deployment by Removing Barriers to In-
16 frastructure Investment and Accelerating Wireline
17 Broadband Deployment by Removing Barriers to In-
18 frastructure Investment" adopted by the Commis-
19 sion on September 26, 201S (FCC 1S-133).
20 (3) The rule adopted by the Commission enti-
21 tled "Accelerating Wireless and Wireline Broadband
22 Deployment by Removing Barriers to Infrastructure
23 Investment" (S3 Fed. Reg. 51S67 (October 15,
24 201S)).
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