Over Rights-Of-Way in Broadband Deployment 

PSATS and the National Association of Towns and Townships (NATaT) each submitted comments to the Federal Communications Commission (FCC) strongly supporting the expansion of high-speed wireline broadband into unserved and underserved communities, but called on the FCC to reject federal preemption of local authority over rights-of-way that would compromise public safety and expose taxpayers to unnecessary costs. 

Similar to its actions in 2018 on the expansion of small cell wireless broadband, the FCC issued a Notice of Inquiry into barriers to wireline deployment, asking about permit delays of broadband provider requests to use state and local public rights-of-way for wireline broadband deployment. The FCC is considering what types of actions it should take to eliminate the alleged obstructions, such as shot-clocks on consideration of applications, limits on permit fees, and restrictions on local oversight. 

PSATS comments noted the major differences between wireless deployment and wireline broadband facilities, including that wireline involves digging into the right-of-way and the need to restore township roadways after installation. PSATS noted that federal law gives local governments the ability to protect public safety, manage public rights-of-way, and require fair and reasonable compensation for its rights-of-way. PSATS argued that township requirements for broadband providers are reasonable and designed to prevent road damage that would require repairs or reconstruction at taxpayer cost.  

PSATS noted its strong opposition to the concept of national shot clocks, fee caps, or restrictions on in-kind conditions and urged the FCC to preserve local authority to manage rights-of-way. To view the FCC filing, click here. To read PSATS’ comments click here.