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Communications The Courts United States Technology

Cities Will Sue FCC To Stop $2 Billion Giveaway To Wireless Carriers (arstechnica.com) 71

Cities are planning to sue the Federal Communications Commission over its decision to preempt local rules on deployment of 5G wireless equipment. From a report: Seattle Mayor Jenny Durkan and City Attorney Pete Holmes yesterday said their city intends to appeal the FCC order in federal court. Seattle will be coordinating with other cities on a lawsuit, they said. "In coordination with the overwhelming majority of local jurisdictions that oppose this unprecedented federal intrusion by the FCC, we will be appealing this order, challenging the FCC's authority and its misguided interpretations of federal law," they said in a press release.

The FCC says its order will save carriers $2 billion, less than one percent of the estimated $275 billion it will take to deploy 5G across the country. In Oregon, the Portland City Council voted Tuesday to approve a lawsuit against the FCC, The Oregonian reported, saying the move "added Portland to a growing list of cities, primarily on the West Coast, that are preparing to fight" the FCC order. East Coast cities including New York City and Boston have also objected to the FCC decision. As we've previously reported, the FCC order drew opposition from rural municipalities as well.

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Cities Will Sue FCC To Stop $2 Billion Giveaway To Wireless Carriers

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  • Release the Kraken!

    (that's our new NHL team)

  • by Anonymous Coward

    Cities are shaking down carriers that put equipment on their streetlights, poles, etc. The FCC put a stop to this to make it a reasonable amount and now cities are crying that it's a "giveaway". The FCC wants it to be $100 for applications and $270 per year. Some cities in Oregon charge $3,000.

    • > Some cities in Oregon charge $3,000.

      Wow. I wonder what Seattle charges since fast Internet access is so spotty here. An apartment building I lived in fought for over a decade to get just TV cable installed. The service was underground, so of course that takes a lot longer than just renting space on a pole, but that's still ridiculous.

      • What's more important, you having internet or the executives and investors of these companies having hookers and blow on tap without feeling out of pocket?

        Stop being so demanding!!

        Jeez, kids these days.

        GOMDL.

    • No free ride for you!

      Tough cookies, Comrade!

    • by Skuld-Chan ( 302449 ) on Wednesday October 03, 2018 @02:04PM (#57419804)

      If the city owns the poles why should the federal government be allowed to dictate the rental price?

      • Be.....cauuuuuuse..

        they have more guns and therefore 'authority ?'

      • The 1930s Supreme Court already ruled Congress can set the prices on good that "affect interstate commerce" such as the price of wheat, eggs, milk. Eventually that was expanded to include Broadcast Radio, Cable TV, and now internet cellular transmitters.

        Welcome to the world of centralized government.

      • If the city owns the poles why should the federal government be allowed to dictate the rental price?

        Well, let's look at that.

        What are on the poles besides power? Cable carrying data.

        What's in this data? All sorts of communications, both private and commercial, including financial transactions.

        Is all this commerce, commercial transactions, and private personal communications limited to within city limits or even State borders? No, it spans all States and even international borders.

        What part of government regulates interstate and international trade, communications, monetary transactions, and commerce?

        The F

      • by kenh ( 9056 )

        The FCC set the lease prices RBOCs (Regional Bell Operating Companies) could charge competitors to lease their DSLAM ports and other network elements, in fact it required them to make this hardware available to their competitors - they had no choice.

        I suspect this falls under the same legal authority.

    • by mysidia ( 191772 )

      Cities are shaking down carriers that put equipment on their streetlights, poles, etc. The FCC ....

      The point is that the control of these poles is the right of local government the FCC's role is to regulate radio, carriers, and telecom services: No authority to force local governments to make land, poles, and other facilities available for use by carriers at cheap economical rates. The FCC has absolutely zero authority to require a city to sign a lease or a contract or limit what can be negotiated

  • by Anonymous Coward

    The FCC order suggests up-front application fees of $100 for each small cell and annual fees of up to $270 per small cell. Cities that charge more than that would likely face litigation from carriers and would have to prove that the fees are a reasonable approximation of all costs and "non-discriminatory." Portland typically charges $3,000 per year, The Oregonian report said.

    Some cities charge different rates in different areas to encourage deployment. New York City, for example, charges as little as $148 per month in underserved areas and $5,100 in parts of Manhattan, a Bloomberg story said.

    So, if they charge more than a token fee, the city has to show that they charge that to everyone. I don't see how the NYC example is relevant. I suppose some people are arguing that geographic pricing models can be argued as discriminatory with respect to the companies trying to install infrastructure because reasons.(?)

  • The idea is that it will prevent local governments from abusing their power by gouging the deployment of 5G. (A.K.A. The "leaving town tax" from The Simpsons.)

    Are the fees/taxes that bad? I have no clue. Will the existence of them raise/lower subscriber prices? Probably not.

    But I don't know if it's not unprecedented. The FCC already has rules that apartment complex/HOAs (and probably local governments) can't block satellite use. This may be in their wheelhouse.

  • by Anonymous Coward

    Federal Cunts and Cocksuckers?

  • If politicians donâ(TM)t like it, then you know itâ(TM)s good for the people.
  • by Anonymous Coward

    WTF? That's about $1000 per customer. How much are people paying for their mobile plans? Wireless carriers will have barely made this money back and it will be time to roll out 6G.
    $275 billion divided by 40 thousand cellphone towers = $6.875 million per cellphone tower.
    And this is just an upgrade right???

    • by Anonymous Coward

      The range of 5g is ridiculously short. They are going to need to add new micro towers at least every quarter of a mile. 5g is fast because of the spectrum but the range is very short.

  • It's funny how blocking $2 billion in extortive fees from local legislatures in favor of technological progress is reworded to be a "$2 billion giveaway". This is nothing but protecting technology from being disrupted by a cash grab from local legislatures. Pretty sure folks in rural areas without access to high speed internet would much rather have that access than see their representatives line their pockets.
    • by davek ( 18465 )

      Consider the source. They have their agenda and they will achieve it. Facts be damned.

    • by dryeo ( 100693 )

      Do you really think the carriers are going to put a cell tower at the end of every driveway in rural America, even if access to the poles was free?
      5G has a range of not much more then a thousand feet, at least at the frequencies (24-86 Ghz) needed to do much better then 4G.

  • by davek ( 18465 ) on Wednesday October 03, 2018 @03:09PM (#57420344) Homepage Journal

    Does the FCC call it a "giveaway to wireless carriers?" If not, why are you injecting your bias into the headline instead of reporting the facts?

    • So, what if a company puts out a PR piece, do we have to use their language when discussing the company, because they're calling it that?

      No. The summary is using a paraphrased version of the Article's title (which you would know if you RTFA)

      • by davek ( 18465 )

        Yes. Misrepresenting someone's argument in order to attack it is called the "Straw-man" fallacy.

        I also know that the /. headline is simply parroting the ars one. However, just because ars is a hopelessly biased opinion source, doesn't mean that slashdot needs to be also.

        • Well, you seem to believe that we should portray things as the organization doing it does. The FCC is not doing this in an attempt to help bring the internet to more people, they're doing this because Pai is an industry insider. The FCC is fully captured as a regulatory agency by the industry it's supposed to regulate.

  • by GregMmm ( 5115215 ) on Wednesday October 03, 2018 @03:37PM (#57420538)

    This has nothing to do with a giveaway to any telecom. Stupid title. It's fixing the price of new cell deployments. Oh I get it. Since some cities have been milking this for fat coin, of course they will sue. Wonder why you don't have so many towers? Annual license fees $3k in Portland per small cell? And the FCC wants to limit that to $270?

    Sounds like a win for who? The consumer. Thanks for the lawsuit, Seattle. Again, more tax money wasted.

    Also, 60 to 90 days to act to a new application? Let me guess, it take longer than 90 days, say a lot longer. Cities, how about you speed things up a bit.

    Just a look from the other side.

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