The Broadband Acceleration Initiative was announced in February with its goal to identify and reduce regulatory and other barriers to broadband deployment. The Federal Communications Commission (“FCC”) issued a Notice of Inquiry in April regarding the “Acceleration of Broadband Deployment: Expanding the Reach of Reducing the Cost of Broadband Deployment by Improving Policies Regarding Public Rights of Way and Wireless Facilities Siting WC Docket No. 11-59.”
The Notice states that increasing broadband deployment is one of the great infrastructure challenges of our time. It also notes that Congress has directed the FCC and each State commission to “encourage the deployment on a reasonable and timely basis of [broadband] to all Americans” by working to “remove barriers to infrastructure investment” in a manner consistent with the public interest, convenience, and necessity.
The policies regarding the management of rights of way and siting wireless facilities, including procedures and costs, affect how long it takes and how much it costs to deploy broadband. Last year the National Broadband Plan concluded that the rates, terms, and conditions for access to rights of way significantly impact broadband deployment. School districts and other public agencies sometimes house these wireless broadband facilities on their property and therefore any changes by the FCC to rates that can be charged for siting these facilities may have an impact on these public agencies.
The FCC seeks to address the following issues which may be of interest to school districts:
· Reasonableness of charges
· Presence/absence of uniformity due to inconsistent or varying practices and rates in different jurisdictions or areas
· Other rights of way concerns
The FCC initiative may have the potential to effect how and at what cost school districts can house these facilities. Some public agencies, including school districts, have responded to the FCC’s Notice of Inquiry with their own comments and concerns over their ability to charge reasonable rent for these broadband facilities.
How does your district feel about potential FCC regulation of broadband contracts?
Meghan Covert Russell
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