NY Likely Dropping Small Cells From Budget as COVID-19 Disrupts State Legislatures

If states keep legislatures in session, there could be “forward movement on telecommunications issues,” emailed National Regulatory Research Institute Telecom Principal Sherry Lichtenberg. “The push for working and schooling from home is revealing the gaps in our telecommunications infrastructure. I expect that the states will take action.” Not now but when the “dust settles,” there will be a compelling argument to make that the current public health situation shows the importance of communications network deployment, said Phillips Lytle wireless attorney David Bronston.

NATOA General Counsel Nancy Werner thinks “most legislatures will be too busy addressing the COVID-19 situation to deal with small cell legislation,” she emailed. “Communications infrastructure is vital during this crisis, but preemptive small cell bills are not the answer. Local governments need the flexibility to address critical infrastructure issues without fear of violating shot clocks or facing ‘deemed granted’ applications related to non-essential deployments.”

Streamlining small-cells deployment is no longer a priority for New York Gov. Andrew Cuomo (D) or state legislators due to the virus and opposition from localities and the Communications Workers of America, said Bronston, a New York State Wireless Association committee chair. Net neutrality is also in the state budget (see 2003130049). Bronston said many policy provisions now seem "less important than getting a bare-bones budget done." The attorney cautioned it’s “such an extraordinary situation.”

The proposal was opposed by New York City's Bill de Blasio (D) and nine other mayors, plus several other county and local officials, in a March 16 letter. In a Thursday letter to state legislators, the New York Conference of Mayors wrote: “We implore you not to include in the adopted budget any of those initiatives that may harm local governments by limiting local control and forcing them to expend any more of their limited resources that are diminishing as we speak.” That includes the small-cells proposal, said NYCOM. “Now is not the time!”

CWA is "pleased that New York budget negotiators have recognized the critical role that local governments must play in regulating the deployment of 5G, small-cell infrastructure,” said CWA District 1 Assistant to the Vice President Bob Master. The union and some lawmakers panned the measure at a briefing earlier this month (see 2003040013). Cuomo didn’t comment.

Other States

Alabama’s small-cells bill is one House floor vote away from passage and there’s good chance of passage despite logistical challenges, said Cochran in an interview. The legislature is out until March 31, and upon return lawmakers probably either will work a few days or immediately leave again, depending on the COVID-19 situation, Cochran said. Lawmakers have until May 18. Cochran thinks an early May vote on SB-172 could happen.

The bill could avoid local opposition. An amendment unusual to state small-cells bills addressed Alabama localities’ major concern with the bill, though the league is evaluating the measure, said Cochran. Lawmakers added an exemption for local ordinances, so if a city already has an agreement with industry -- or is even in good-faith negotiations toward one -- it would have to follow only FCC rules.

There had appeared to be progress in South Carolina. HB-4262 cleared the House in 2019, the first year of the legislature's two-year session (see 1905140048), and it has been waiting in a Senate subcommittee. “The state of emergency has thrown everything into question,” said South Carolina Municipal Association Director-Advocacy Scott Slatton, who's neutral on the bill: The "Assembly won’t come back for at least two more weeks.” The session ends May 14.

New Jersey bills haven’t budged, and localities are talking with industry to agree on the right language, said New Jersey League of Municipalities Assistant Executive Director Mike Cerra. “We certainly want this technology,” but the league told industry that “template” state small-cell bill language in AB-1116 and SB-860 isn't a “workable framework,” he said. Given the outbreak, Cerra isn’t sure a bill can be passed before the legislature adjourns June 30. The legislature has nothing scheduled until May, he said.

It's too early to say how the pandemic will affect Pennsylvania legislating on telecom, emailed telecom attorney Daniel Cohen, representing local groups that opposed the state small-cells bill (HB-1400). Cohen would disagree if wireless carriers claimed the bill is more needed now due to the emergency: “Municipalities have been approving small cell applications in PA for eight years and will continue to do so to the best of their ability.”

“The logistical impact on telecommunication bills is still uncertain, but WIA encourages legislatures to continue working on measures that promote the deployment of wireless infrastructure, especially now that advanced wireless services such as telehealth and teleworking are much more widely used," said Wireless Infrastructure Association CEO Jonathan Adelstein.

“Our members are working diligently to ensure consumers continue to have access to wireless networks,” said CTIA Senior Vice President-State Legislative Affairs Jamie Hastings in a statement. "We will continue to do what we can to offer our support during these unprecedented times."