When I was a child, my mother repeatedly clarified that we are the government because we elect government officials. My mother died years ago, but I wonder if she would she say, now, that we are the telecom corporations, since we subscribe to their services and may hold shares in their stock.
Since its beginnings, telecom law has significantly limited local authority over telecom infrastructure. Today, Congress and other legislative bodies have proposed laws that would remove yet more local authority and grant corporations yet more control over telecom infrastructure, environmental impacts and surveillance.
For an introduction to U.S. telecom law, please see my January 2021 article, "The Rules and Regulations that Define Us".
Here's a brief summary of currently proposed legislation and encouragement to tell your representatives what you think.
HR-3557, American Broadband Deployment Act of 2023 (a federal law), would effectively force cities to approve of wireless services without due diligent review. HR-3557 would allow unrestricted proliferation of cell towers and "small cells" near homes, schools and playgrounds. If HR 3557 passes:
Installation of wireless equipment will be allowed on any structure that could support an antenna utility poles, light poles, overhead wires, apartment buildings, schools and more.
The FCC will be obligated to cancel local laws or regulations it deems inconsistent with HR 3557.
Various requirements will make it almost impossible for local governments to deny applications. Moratoria will be prohibited.
Fee structure changes will eliminate local governments' ability to recover costs for ongoing monitoring and inspection.
The FCC will have the authority to exempt environmental review (NEPA) and historical preservation review (NHPA).
It will overturn a major 2019 decision by the DC Circuit Court of Appeals, which ruled against the FCC's attempt to exclude 5G technology from environmental and historic preservation reviews. (United Keetoowah Band of Cherokee Indians v. FCC.) See Click Here and Click Here.
The National Association of Counties, the U.S. Conference of Mayors, the National Association of Telecom Officers and Advisors and The National League of Cities oppose HR-3557.
Here's a summary of reasons to oppose HR-3557. Tell Congress to maintain local authority over telecom facilities and stop H.R. 3557. Call your Congress member.
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