FCC Transcript for WT 17-79, Mar 22, 2018

Transcript re: WT Docket No. 17-79 — Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment

CHAIRMAN PAI: WELCOME TO THE MARCH 22, 2018 FEDERAL COMMISSIONS COMMISSION WHICH IS KNOWN AS MR. CLYBURN’S 29TH BIRTHDAY. HAPPY BIRTHDAY, COMMISSIONER CLYBURN. CERTAINLY HOPE THIS ITERATION IS AS FUN AS THE PREVIOUS ONES.

COMMISSIONER CLYBURN: ALREADY IS.

CHAIRMAN PAI: PLEASE WOULD YOU ANNOUNCE OUR AGENDA FOR THE DAY.

MADAM SECRETARY: COMMISSIONERS, FOR TODAY’S MEETING YOU WILL HEAR SIX ITEMS FOR YOUR CONSIDERATION. FIRST YOU WILL CONSIDER A REPORT AND ORDER THAT WOULD CLARIFY AND MODIFY THE PROCEDURES FOR NACA AND NEPA REVIEW OF REQUIRE BEZZ INFRASTRUCTURE DEPLOYMENT, SECOND YOU WILL CONSIDER A SECOND FURTHER NOTICE OF PROPOSAL TO ADDRESS THE PROBLEM OF UNWANTED CALLS TO REASSIGN NUMBERS. THIRD, YOU WILL CONSIDER A NOTICE OF INQUIRY EXAMINING LOCATION BASED ROUTING OF WIRELESS 911 CALLS FOR TO ENSURE THAT CALLS ARE ROUTED TO THE PROPER 911 CALL CENTER. FOURTH, YOU WI LL CONSIDER A SIXTH FURTHER NOTICE OF PROPOSED RULE MAKING TO STIMULATE USE OF AN INVESTMENT IN THE 4.9 GIGAHERTZ BAND. FIFTH, YOU WILL CONSIDER A NOTICE OF PROPOSED RULE MAKING THAT PROPOSES TO STREAMLINE THE RE-AUTHORIZATION PROCESS FOR TELEVISION SATELLITE STATIONS THAT ARE ASSIGNED OR TRANSFERRED IN COMBINATION WITH A PREVIOUSLY APPROVED PARENT STATION. SIXTH, YOU WILL CONSIDER A SECOND REPORT AND ORDER THAT WILL REMOVE THE PERSONAL USE RESTRICTION FOR PROVIDER SPECIFIC CONSUMER SINGLE BOOSTERS AND A SECOND FURTHER NOTICE OF PROPOSED RULE MAKING THAT SEEKS COMMENT ON WAYS TO FURTHER EXPAND ACCESS TO CONSUMER SIGNAL BOOSTERS. THIS IS YOUR AGENDA TODAY. THE FIRST ITEM ACCELERATING BROADBAND DEPLOYMENT BY REMOVING BARRIERS TO INFRASTRUCTURE INVESTMENT WILL BE PRESENTED BY THE WIRELESS TELECOMMUNICATIONS BUREAU AND JOHN STOCKDALE, CHIEF OF THE BUREAU WILL GIVE THE INTRODUCTION.

CHAIRMAN PAI: THANK YOU, CHIEF STOCKDALE, THE FLOOR IS YOURS. CHIEF

STOCKDALE: GOOD MORNING, CHAIRMAN AND COMMISSIONERS. I’M PLEASED TO PRESENT TO YOU AN ORDER WHICH WOULD SIGNIFICANTLY STREAMLINE THE HISTORIC PRESERVATION AND ENVIRONMENTAL REVIEWS REQUIRED FOR PROPOSED WIRELESS INFRASTRUCTURE DEPLOYMENTS. I’M JOINED AT THE TABLE TODAY BY SUZANNE TATRO, GARNETT HAMLY AND DARRELL PAY. IN ADDITION TO THE W.T.B. STAFF AT THE TABLE, I WANT TO THANK THE MANY OTHER STAFF FROM OUR COMPETITION AND INFRASTRUCTURE POLICY DIVISION WHO PUT IN ENORMOUS AMOUNT OF WORK INTO THIS ITEM, AS DID STAFF FROM O.G.C., ONAP AND OTHER BUREAUS WHO ARE LISTED ON THE SLIDE. DARRYL WILL NOW PRESENT THE ITEM.

DARRYL: THANK YOU, DON. GOOD MORNING, MR. CHAIRMAN AND COMMISSIONERS. WE PRESENT TO YOU TODAY AN ORDER THAT WOULD REDUCE SUBSTANTIALLY UNNECESSARY REGULATORY IMPEDIMENTS WITH THE DEPLOYMENT OF WIRELESS BLOND BAND NETWORKS. THE SECOND REPORT IN ORDER BEFORE YOU WOULD DEFINE SMALL WIRELESS FACILITIES AND FIND THAT THE DEPLOYMENT OF SUCH FACILITIES BY NONFEDERAL ENTITIES INCLUDING PRIVATE PARTIES MUST NOT CONSTITUTE A FEDERAL UNDERTAKING WITHIN THE MEANING OF THE NATIONAL HISTORIC PRESERVATION ACT OR A MAJOR FEDERAL ACTION UNDER THE NATIONAL ENVIRONMENTAL POLICY ACT. AS A RESULT, THE DEPLOYMENTS WOULD NOT BE SUBJECT TO THOSE PARTICULAR FEDERAL HISTORIC PRESERVATION AND ENVIRONMENTAL REVIEWS. FOR LARGER DEPLOYMENTS STILL REQUIRED TO UNDERGO THE FEDERAL REVIEWS, THE DRAFT ORDER WOULD IMPROVE THE COMMISSION’S PROCESS FOR ENGAGING IN TRIBAL NATIONS AND NATIVE HAWAIIAN ORGANIZATIONS AND HISTORIC PRESERVATION REVIEW FOR CONSTRUCTION PROJECTS OUTSIDE OF TRIBAL LANDS. FIRST IT WOULD ADOPT MEASURES TO MAKE SURE THE TRIBES ARE PROVIDED WITH THE INFORMATION NECESSARY. THE COMMENT ON THESE PROJECTS BEFORE NOTIFICATION OF THE PROJECT IS CONSIDERED COMPLETE. THE ORDER WOULD PROCESS CASES IN WHICH TRIBAL NATIONS DO NOT RESPOND AFTER HAVING BEEN GIVEN THE OPPORTUNITY TO REVIEW SUBMISSIONS. IN ADDITION, THE DRAFT ORDER WOULD CLARIFY APPLICANTS ARE NOT REQUIRED TO PAY UP FRONT FEES WHEN PROVIDING TRIBAL NATIONS WITH AN OPPORTUNITY TO COMMENT ON PROPOSED FACILITIES DEPLOYMENT AND IN CASES WHERE ADDITIONAL CONSULTANT SERVICES ARE NECESSARY TO IDENTIFY AND EVALUATE HISTORIC PROPERTIES. I WOULD CLARIFY THE OBLIGATION OF THE APPLICANT TO HIRE A QUALIFIED CONSULTANT. FINALLY, THE DRAFT ORDER WOULD COMMEND THE COMMISSION’S RULES TO PROVIDE THE APPLICANTS WILL NO LONGER BE REQUIRED TO PREPARE ENVIRONMENTAL ASSESSMENTS SOLELY BECAUSE A PROPOSED PROJECT IS LOCATED IN A FLOODPLAIN. SO LONG AS THE PROJECT IS CONDUCTED AT LEAST ONE FOOT ABOVE THE BASE FLOODPLAIN AGENCY. THE SECOND ORDER WOULD ESTABLISH DIME LINES OF COMMISSION’S REVIEW FOR ENVIRONMENTAL ASSESSMENTS, COLLECTIVELY THESE MEASURES WOULD REDUCE OR ELIMINATE UNNECESSARY COSTS OF DEPLOYING WIRELESS INFRASTRUCTURE. THEREBY ENCOURAGING NEW WIRELESS BROADBAND SERVICE DEPLOYMENTS. THE WIRELESS TELECOMMUNICATIONS BUREAU RECOMMENDS ADOPTION OF THIS ITEM AND REQUESTS EDITORIAL PRIVILEGES TO MAKE TECHNICAL OR CONFORMING EDITS.

CHAIRMAN PAI: WE’LL NOW TURN TO COMMENTS FROM THE BENCH COLLISIONING WITH COMMISSIONER CLYBURN.

COMMISSIONER CLYBURN: THANK YOU. THE NEXT NENTION RACE SERVICES DESERVE NEXT GENERATION POLICIES, ON THAT WE CAN AGREE. BUT OUR NATION’S INFRASTRUCTURE POLICIES MUST BE ALIGNED WITH EXISTING CONGRESSIONAL MANDATES AND THE NEEDS OF LOCAL COMMUNITIES. CONGRESS, THROUGH THE COMMUNICATIONS ACT, DIRECTED THE FEDERAL COMMUNICATIONS COMMISSION TO DEVELOP SPECTRUM MANAGEMENT AND INFRASTRUCTURE DEPLOYMENT POLICIES THAT PROMOTE COMPETITION AND ABLE ECONOMIC OPPORTUNITIES AND ENSURE THAT NEW AND INNOVATIVE TECHNOLOGIES ARE READILY ACCESSIBLE TO ALL AMERICANS. THE NATIONAL ENVIRONMENTAL POLICY ACT AND THE NATIONAL HISTORIC PRESERVATION ACT REQUIRE EVERY FEDERAL AGENCY, INCLUDING THE F.C.C. TO ALSO CONSIDER THE EXTENT TO WHICH ANY ACTION AND UNDERTAKING THAT THEIR POLICIES ENABLE COULD IMPACT THE NATURAL ENVIRONMENT AND HISTORIC ASPECTS OF COMMUNITIES. TO ACHIEVE THE RIGHT BALANCE OF THESE STAURT — STATUTORY OBJECTIVES THE COMMISSION IS EXPECTED TO APPROACH THE INFRASTRUCTURE PROCEEDINGS COLLABORATIVELY AND INCLUDE THE PERSPECTIVE OF AS MANY COMMUNITIES AS POSSIBLE. WHEN THE COMMISSION HAS FOLLOWED THIS APPROACH, I HAVE CONSISTENTLY VOTED TO APPROVE THOSE DECISIONS. I SUPPORTED THE ORDERS LEADING UP TO THE THREE COMMERCIAL WIRELESS SPECTRUM OPTIONS BECAUSE THEY ESTABLISHED A COMPETITIVE FOUNDATION WHERE ALL COMMUNITIES STOOD TO BENEFIT FROM THE LAUNCH OF NEXT GENERATION 5-G SERVICES. I APPROVED THE BULK OF THE DECISIONS MADE IN THE SPECTRUM FRONTIERS PROCEEDINGS BECAUSE THEY ALLOWED A DIVERSE GROUP OF COMPANIES TO CONTRIBUTE TO THE DEPLOYMENT OF 5-G SERVICES IN BOTH RURAL AND URBAN AREAS USING SPECTRUM BANDS ABOVE 24 GIGAHERTZ. AND I VOTED IN FAVOR OF SEVERAL ORDERS TO STREAMLINE THE REVIEW AND APPROVAL OF COMMUNICATIONS TOWERS AND OTHER INFRASTRUCTURE EQUIPMENT. IT IS TRUE AT TIMES I’VE PUSHED FOR EDITS TO VARIOUS APPROACHES TO INFRASTRUCTURE CHALLENGES THAT WOULD ENABLE THE INDUSTRY TO CONSIDER RURAL AND OTHER AREAS. NOTABLY IT WAS THIS APPROACH I TOOK BACK IN 2014 WITH THE ORDER THAT STREAMLINE REVIEW OF THE CO-LOCATION OF TOWERS TO 60 DAYS. BUT I WOULD NOT AGREE TO VOTE FOR THAT 60-DAY DEADLINE UNTIL INDUSTRY ASSOCIATIONS AGREE TO WORK WITH RESOURCE CONSTRAINED LOCALITIES TO FIND WAYS TO MORE QUICKLY REVIEW THOSE APPLICATIONS. AS I’M AGAIN, MY REVIEW OF TODAY’S DRAFT ORDER, AS I OFTEN LIKE TO SAY, I STARTED FROM THE 50-YARD LINE. AND AFTER HEARING THE CONCERNS OF TRIBAL NATIONS AND LOCAL GOVERNMENT, I BEGAN DISCUSSING POSSIBLE PROPOSALS THAT MIGHT ADDRESS THOSE CONCERNS WITH COMMISSIONER CARR’S OFFICE. BUT AFTER MANY OPEN AND DIRECT EXCHANGES, MY MAJOR CONCERNS COULD NOT BE ADDRESSED, AND FOLLOWING A FULL COMPREHENSIVE REVIEW OF THE RECORD THAT INCLUDED MULTIPLE CONVERSATIONS WITH NUMEROUS STAKEHOLDERS ABOUT THE CONCERNS RAISED BY TRIBAL NATIONS, ENVIRONMENTAL PROTECTION ADVOCATES, A ND LOCAL GOVERNMENT REPRESENTATIVES, I CONCLUDED THAT THE BEST COURSE FOR ALL PARTIES WAS TO DELAY TODAY’S VOTE. AT THIS JUNCTURE, THE PROTECTIONAL ADVERSE IMPACT OF THESE PROPOSED RULES ON TRIBAL NATIONS, HISTORIC SITES AND THE NATURAL ENVIRONMENT WERE SEVERE AND HAD YET TO BE FULLY ADDRESSED. UNFORTUNATELY, MY REQUEST TO DELAY THE VOTE WAS REJECTED. BUT LET ME CLEARLY REITERATE FOR THE RECORD, I STRONGLY SUPPORT EFFORTS TO FACILITATE THE DEPLOYMENT OF 5-G NEXT GENERATION WIRELESS SERVICES. EACH OF US HAS SEEN HOW BRILLIANT MINDS IN THE FIELDS OF TECHNOLOGY, SOFTWARE COMMUNICATIONS, HOW THEY’RE WORKING TOGETHER TO MAKE A DIFFERENCE IN SO MANY WAYS, SUCH AS HEALTH CARE, EDUCATION, ENERGY EFFICIENCY, AND MANUFACTURING. THERE IS NO QUESTION WE WILL SEE PHENOMENAL BENEFITS WHEN AND IF 5-G IS FULLY DEPLOYED IN ALL COMMUNITIES. AND WE HAVE ALREADY SHOWN THE REST OF THE WORLD THAT WE CAN STILL LEAD IN THE DEPLOYMENT OF4-G, L.T.E. SERVICES WHILE COMPLYING WITH FEDERAL STATUTES DESIGNED TO PROTECT THE ENVIRONMENT AND HISTORIC SITES. SO FOR ME, IT IS CLEAR, AND THE EVIDENCE IS CONVINCING, THAT WINNING THE 5-G RACE NEED NOT COME AT THE EXPENSE OF THOSE IMPORTANT STATUTORY GOALS. BECAUSE I BELIEVE THIS ORDER SACRIFICES THESE GOALS, I AM FORCED TO DISSENT FROM THIS ORDER. THANK YOU.

CHAIRMAN PAI: THANK YOU, COMMISSIONER CLYBURN, COMMISSIONER O’RIELLY.

COMMISSIONER O’RIELLY: I THANK THE CHAIR. I WHOLEHEARTEDLY SUPPORT THE ITEM BEFORE THE COMMISSION AND COMMEND THE CHAIRMAN AND COMMISSIONER CARR FOR BRINGING IT FORWARD. IN ESSENCE, IT ADDRESSES TWO MAIN BARRIERS TO WIRELESS TOWER AND ANTENNA SITING, UNNECESSARY DELAYS AND OUTRAGEOUS FEES. I’VE TALKED ABOUT AND SOUGHT REFORMS IN THIS AREA FOR YEARS AND IN REALITY ARE COMPLETING AN ISSUE BY FORMER CHAIRMAN WHEELER IN A BIPARTISANSHIP FASHION IN THE PREVIOUS COMMISSION. IN DOING SO OUR EFFORTS WILL HELP FACILITATE THE DEPLOYMENT OF WIRELESS BROADBAND THROUGH OUR NATION INCLUDING 5-G WIRELESS SERVICES WHICH IS CRITICAL TO PRESERVING AMERICA’S LEADERSHIP POSITION, SOMETHING I’M COMMITTED TO MAKING SURE HAPPENS. WE’RE ALSO SETTING THE STAGE FOR FUTURE ACTIONS, HOPEFULLY LATER THIS SUMMER, AGAINST SIMILAR STATE AND LOCAL GOVERNMENTAL BARRIERS. THE FIRST PART OF THIS ITEM APPROACHES THE BARRIER PROBLEM DIFFERENTLY THAN I MIGHT HAVE DONE, IT GETS THE SAME WELCOME OUTCOME. THE ITEM DECLARES WIRELESS SMALL CELLS DO NOT GENERATE A FEDERAL UNDERTAKING FOR PURPOSES OF NHPA OR MAJOR FEDERAL ACTIONS FOR PURPOSES OF NEPA. THIS DECISION IS METICULOUSLY EXPLAINED AND JUSTIFIED IN THE TAX THAT SHOULD MORE THAN SATISFY JUDICIAL REVIEW. IN SUM, WE’RE INTERPRETING AS IS OUR RIGHT AND OBLIGATION CERTAIN COMMISSION FUNCTIONS TO BELOW A THRESHOLD NECESSARY FOR THE STATUTORY REQUIREMENTS OF EITHER LAW TO COME INTO PLAY. TO FIND OTHERS, SOME HAVE TRIED TO DO IN THE RECORD IS INTERPRET THOSE TWO STATUTES IN A WAY THAT WOULD TREAT THE AGENCY’S GEOGRAPHIC LICENSING AS A TRIGGER FOR UNNECESSARY ACTION AND REVIEW, FAR EXCEEDING CONGRESS’ ORIGINAL INTENT. AS THE ITEM STATES, THE COMMISSION’S ISSUANCE OF A GEOGRAPHIC LICENSE DOES NOT INVOLVE TH E COMMISSION IN ANY DECISIONS REGARDING THE DEPLOYMENT OF ACTUAL FACILITIES. SUCH EXTREME READINGS OF THE LAW WOULD EFFECTIVELY MAKE ANY COMMISSION ACTION A FEDERAL UNDERTAKING UNDER NHPA AND ELIMINATE THE FEDERAL ACTION IN NEPA AND WOULD IMPROPERLY ALLOW ENVIRONMENTAL AND HISTORIC PRESERVATION CONCERNS TO BE PLACED ABOVE ANY OTHER CONSIDERATION WHICH IS ILLOGICAL AND WOULD EFFECTIVELY GRANT A DE FACTO VETO OVER ANY ACTIVITY TO THOSE OPPOSED AS DEFENDERS OF THESE LAWS. THE SECOND PORTION OF THE ITEM IS NO LESS IMPORTANT AS IT MAKES ABUNDANTLY CLEAR NO COMMUNICATIONS PROVIDER IS REQUIRED TO PAY THE OUTRAGEOUS FEES OR HIRE HAND-PICKED INDIVIDUALS DEMANDED BY SELECT TRIBES AS PART OF THE SECTION106 REVIEWS. THE CURRENT PROCEDURES WHICH I REPEATEDLY CRITICIZED HAVE TURNED INTO REVERSE SCHEME WHEREBY SOME TRIBES SOUGHT MONEY AND CONSULTING RULES FOR AREAS THAT THEIR ANCESTORS NEVER TRAVELED AS A MEANS TO RAISE REVENUES AND ADDRESS TRIBAL UNEMPLOYMENT, A JOBS PROGRAM, IF YOU WILL. AND THE PROBLEM IS ONLY GETTING WORSE, AS SUCH PRACTICES ARE TURNING TOWER AND ANTENNA CITING INTO THE LATEST CASH COW. I’VE CITED MANY DATA POINTS TO HIGHLIGHT THE ISSUE OF EXTRAORDINARILY HIGH FEES IN PREVIOUS SPEECHES BUT THE EXAMPLES KEEP COMING. THE RECORD CONTAINS ACCOUNTS OF AT&T PAYING A TOTAL OF $13RKS525 IN FEES TO 36 TRIBES FOR THE CO-LOCATION OF ONE ANTENNA AT A MINNESOTA HOTEL. ANOTHER PROVIDER PAID ALMOST $20,000 IN PRIBLE REVIEW COSTS TO COVER FEES FROM 38 TRIBES FOR TOWER IN WYOMING. THE SAME APPLICANT BUILT A SIMILAR TOWER IN THE SAME TOWN A YEAR EARLIER AND THE FEES WERE OVER $6,000 CHEAPER. SPRINT PAID $12,200 TOTAL FEES TO 25 TRIBES FOR A SMALL CELL OUTSIDE A STEEL FACTORY IN INDIANA WHICH WAS DETERMINED TO HAVE NO EFFECT ON TRIBAL HISTORIC PROPERTIES. FURTHER, SOME TRIBES ARE RECEIVING PAYMENT BUT NEVER RESPOND TO WHETHER THERE IS ACTUAL CONCERN CAUSING DELAYS. MORE GENERALLY, AT&T REPORTS THE TRIBAL FEES INCREASED BY 1,400% IN THE NORTHEAST AND25,000% IN THE SOUTHEAST IN THE LAST SEVEN YEARS. AND SPRINT PAID $23 MILLION IN REVIEW FEES IN THE PAST TWO YEARS WHICH COULD HAVE PROVIDED657 KILLINGS ADDITIONAL CITES THAT WOULD INCREASE COVERAGE AND CAPACITY FOR CONSUMERS. THIS IS NOT SUSTAINABLE IF WE WANT TO GET BROADBAND TO ALL AMERICANS INCLUDING THOSE ON TRIBAL LANDS. IN FAIRLESS, I WOULD HAVE GONE A LITTLE FURTHER IN CLARIFYING PROVIDERS DON’T NEED TO PAY THE FEES OR CONTRACT FOR CONSULT ING FUNCTION WITH TRIBES AS CURRENTLY STRUCTURED THE LANGUAGE STATES PROVIDERS DON’T HAVE TO DO THESE THINGS BUT WE KNOW SOME TRIBES WILL TRY TO FORCE THE PERMISSIVE ACTIVITY ON PROVIDERS ANYWAY. THIS IS A LITTLE TOO LUCY GOOSEY FOR ME AND I WOULD HAVE PREFE RRED SUCH PRACTICES BE PROHIBITED AND ADDITIONALLY THE ITEMS SHOULD HAVE BEEN CLEARED THAT APPLICANTS PROVIDE ADDITIONAL INFORMATION AND REQUIRE A CONTRACTOR WITHOUT A SHOWING EVEN IF PROVIDED CONFIDENTIALITY THERE’S AN ACTUAL HISTORIC PROPERTY OF RELIGIOUS AND CULTURAL SIGNIFICANCE IN THE PROJECT’S AREA. WHILE THERE IS A COMPLAINT PROCESS AFTER THE FACT REQUIRING PROOF UP FRONT MAKING DECREASED THE CHANCES THAT MORE INFORMATION AND PROFESSIONAL CONTRACTORS COULD BE REQUESTED FOR EVERY POTENTIAL SITING PROJECT AND REDUCED COMMISSION WORKLOAD AND APPLICATION DELAYS. AS OF NOTE, I DO HAVE A COUPLE SMALL ISSUES WITH THE ITEMS SPECIFICALLY I WANT TO BE ON RECORD RESTATING MY LONG-STANDING VIEWS THAT SECTION 16 THE COMMUNICATIONS ACT AND SECTION 706 OF THE TELECOM ACT DO NOT PROVIDE THE COMMISSION WITH AUTHORITY TO DO ANYTHING. THE ITEM CITES THESE PROVISIONS IN A PARAGRAPH WITH QUESTIONABLE VALUE BUT I WANT TO THANK COMMISSIONER CARR FOR CLARIFYING THE LANGUAGE THESE SECTIONS DO NOT CONFER ANY AUTHORITY. I ALSO WISH WE COULD HAVE DONE SOME MORE ON PROVIDING RELIEF FOR MACROTOWERS IN THE FIRST PORTION OF THE ITEM. INSTEAD IT STATES THAT THE ISSUE REMAINS PENDING AND MAY BE SUBJECT TO FUTURE ITEMS. BUT OF CONCERN THERE’S ONLY SO MUCH APPETITE TO ENGAGE ON THE ISSUE OF WIRELESS SITING AND FATIGUE SETS IN AS THE WORK GETS MORE CONTENTION SHUSS AND THE OPPOSITION MUCH LOUDER AND INTEND TO MAKE SURE IT WON’T BE THE CASE HERE AND WE CONSIDER FURTHER HISTORIC PRESERVATION AND OTHER RELIEF FOR MACROTOWERS AS SOON AS POSSIBLE. FOR TOO LONG WE’VE ALLOWED A SMALL SUBSET OF TRIBES TO UNNECESSARILY SLOW COMMUNICATIONS BUILDOUT AND BRINGS A BAD NAME TO THE REST OF THE AMERICAN TRIBES THAT REALLY TRY TO DO GOOD FAITH EFFORTS TO WORK WITH WIRELESS PROVIDERS ON BEHALF OF CONSUMERS. HOWEVER, THE NEED TO ADDRESS BARRIERS TO THE PLACEMENT OF WIRELESS TOWERS AND ANTENNA FOR EXPANDED COVERAGE AND THE INITIATION OF NEW SERVICES IS NOT NEW AND HAS BEEN A LONG-STANDING PROBLEM AND EVERY TIME AND ACTION IS PROPOSED WE GET MORE CALLS FOR COLLABORATION AND COOPERATION BY THE VERY SAME PARTIES THAT HAVE BEEN DRAGGING THEIR HEELS. THE PRIVATE SECTOR TRIED COLLABORATION AND COOPERATION UNTIL THEY’RE BLUE IN THE FACE. THE COMMISSION ALSO TRIED COLLABORATION AND COOPERATION WITH SIMILAR RESULTS. THE CONSULTATIONS OF MEETINGS HAVE OCCURRED AS DETAILED IN THE ORDER IN THE RECORD. IT’S TIME FOR MOVE PAST THE TALKING STAGE AND PLEASED WE’RE DOING JUST THAT TODAY. I THANK THE CHAIR.

CHAIRMAN PAI: THANK YOU. COMMISSIONER CARR.

COMMISSIONER CARR: IT’S GREAT TO SEE THE F.C.C. MOVING FORWARD TODAY. THE RACE TO 5-G IS ON. WINNING THE RACE WILL MEAN MORE BROADBAND FOR MORE AMERICANS AND MEAN NEW OPPORTUNITIES FOR UNSERVED AND UNDERSERVED COMMUNITIES AND MEAN UNLEASHING THE NEXT WAVE OF AMERICAN INNOVATION. IN THE U.S. THE PRIVATE SECTOR IS DOING ITS PART. ENTREPRENEURS ARE HARD AT WORK DEVELOPING CUTTING EDGE TECHNOLOGIES THAT WILL RUN OVER THESE 5-G NETWORKS. EVERYTHING FROM SMART CITY APPLICATIONS TO AUTONOMOUS CARS TO CONNECTED HOMES IN VIRTUAL REALITY TO POSITION AGRICULTURAL AND REMOTE SURGERY. WIRELESS PROVIDERS ARE POISED TO INVEST $275 BILLION NECESSARY TO DEPLOY THESE 5-G NETWORKS. INVESTMENTS THAT CAN CREATE THREE MILLION NEW JOBS AND ADD HALF A TRILLION DOLLARS TO THE G.D.P. BUT THERE’S A PROBLEM. WE WILL NOT WIN THIS RACE. CONSUMERS IN THE U.S. WILL NOT REALIZE THESE BENEFITS. IF WE DON’T DO OUR PART AT THE F.C.C. THAT MEANS MOVING AGGRESSIVELY TO FREE UP NEW SPECTRUM BANDS AS WE’VE BEEN DOING WITH OUR AUCTION OF 5-G SPECTRUM LATER THIS YEAR AND THAT MEANS MOVING WITH EQUAL DISPATCH TO ENSURE THAT PROVIDERS CAN DEPLOY THE INFRASTRUCTURE THAT’S ACTUALLY NECESSARY FOR CONSUMERS TO USE ALL THAT SPECTRUM. A REGULATORY COUNTERPARTS AROUND THE WORLD ARE WELL AWARE THAT THE UNITED STATES LED THE WORLD IN 4-G. THEY’RE EAGER TO LEAPFROG US TO5-G. A CENTRAL PART OF THEIR 5-G AGENDA IS TO UPDATE THEIR INFRASTRUCTURE DEPLOYMENT RULES. THAT’S WHY TODAY’S VOTE IS SO IMPORTANT. IT’S A CHANCE FOR THE F.C.C. TO DEMONSTRATE OUR COMMITMENT TO SEEING THE UNITED STATES AND AMERICAN CONSUMERS WIN THE RACE TO 5-G. THE FOCUS ON INFRASTRUCTURE REFORM ONLY MAKES SENSE. AFTER ALL, 5-G NETWORKS WILL LOOK VERY DIFFERENT FROM THE NETWORKS OF TODAY. THOSE TALL 100 FOOT TOWERS MANY PEOPLE ASSOCIATE WITH CURRENT GENERATION OF TECHNOLOGIES WILL BE SUPPLEMENTED BY NEW SMALL CELL FACILITIES NO LARGER THAN THE SIZE OF A BACKPACK. GOING FORWARD, UPWARDS OF 80% OF NEW DEPLOYMENTS ARE EXPECTED TO BE THESE NEW SMALL CELLS. WHILE TECHNOLOGY IS ADVANCING, OUR INFRASTRUCTURE DEPLOYMENT RULES HAVE BEEN STUCK IN THE ANALOG ERA. OUR OUTDATED APPROACH TO NEPA AND THE NHPA, FOR INSTANCE IS COSTING AMERICANS TENS OF MILLIONS A YEAR IN DELAYING THE ROLLOUT OF NEW SERVICES. ONE PROVIDER SPENT OVER $23 MILLION ON THE NHPAA REVIEW THE LAST TWO YEARS, MONEY THAT COULD HAVE BEEN USED TO DEPLOY OVER 657 NEW CELL SITES TO EXPAND COVERAGE OR ADD NEW CAPACITY. IN 2017, ALL TOLD, PROVIDERS SPENT $36 MILLION ON THE NEPA REVIEWS AND THE PROBLEM IS GETTING WORSE, NOT BETTER. WITHOUT REFORM, THE PROJECTED COSTS FOR THESE REVIEWS WILL SPIKE TO $241 MILLION THIS YEAR. THAT’S 5-G DEPLOYMENTS RAMP UP. WHAT IS THE PUBLIC GETTING FOR THESE MILLIONS IN FEES THAT THEY’RE ULTIMATELY RESPONSIBLE FOR? THE RECORD SHOWS IN ALL BUT0.33% OF CASES, THE REVIEWS HAVE NOT RESULTED IN ANY CHANGES TO PLANNED DEPLOYMENTS. AND THAT PERCENTAGE PRESUMABLY SKEWS TOWARDS THOSE LARGER TOWERS THAT WILL CONTINUE TO UNDERGO NEPA AND THE HIPA REVIEW. THE DISPROPORTIONATE FEES ARE THE PRODUCT OF A BROKEN AND OUTDATED SYSTEM WHEN ONE PROVIDER DEPLOYED 23 CELLS AT NRG STADIUM IN HOUSTON AHEAD OF LAST YEAR’S SUPER BOWL, THE FEES EXCEEDED $173,000. THAT WAS FOR REPLACING CELLS ON PREVIOUSLY DISTURBED GROUND IN A PARKING LOT AND AN NFL STADIUM, NEITHER OF WHICH REQUIRED HISTORIC OR ENVIRONMENTAL REVIEW WHEN THEY WERE CONSTRUCTED. UNFORTUNATELY, THIS EXAMPLE IS NOT A ONE-OFF. TODAY OUT OF THE TOTAL COST OF DEPLOYING SMALL CELLS, THE EQUIPMENT AND LABOR AND PERMITTING NEARLY 30% IS CONSUMERED BY OUR OUTDATED NEPA PROCEDURES AND THREATENS TO HOLD US BACK IN THE RACE TO 5-G OR LIMIT THE BUSINESS CASE TO JUST DENSELY POPULATED OR AFFLUENT AREAS. THAT’S NOT SUCCESS. WITH TODAY’S ORDER, WE CAN FLIP THE BUSINESS CASE FOR THOUSANDS OF COMMUNITIES. HERE’S HOW. FIRST WE’LL EXCEPT SMALL CELLS FROM THE NEPA AND NHPA REVIEW GIVEN THEIR SIZE AND FOOT PRINT FROM THE LARGE TOWERS AND EXTEND THE SAME REGULATORY TREATMENT TO THE DEPLOYMENTS THE COMMISSION ALWAYS APPLIED TO OTHER TYPES OF INFRASTRUCTURE INCLUDING WI-FI ROUTERS AND SIGNAL BOOSTERS. MOREOVER, OUR DECISION WILL NOT GREEN LIGHT ANY PARTICULAR DEPLOYMENT. THEY WILL CONTINUE TO UNDERGO APPROPRIATE STATE AND LOCAL REVIEW. SECOND, THE ORDER WILL STREAMLINE THE FEDERAL PROCEDURES THAT WILL CONTINUE TO APPLY TO THOSE LARGER DEPLOYMENTS, INCLUDING PUTTING THE F.C.C. ITSELF ON A SHOT CLOCK. IN LIGHT OF THIS THE APPROACH BENEFITED TREMENDOUSLY FROM EXTENSIVE ENGAGEMENT WITH TRIBAL NATIONS. CONSULTATIONS THAT SPAN THREE YEARS. IN 2014 WHEN THE PRIOR COMMISSION TOOK STEPS TO UPDATE OUR INFRASTRUCTURE RULES IT DID NOT ENGAGE IN ANY SIMILAR OUTREACH OR ENGAGEMENT. IN THIS CASE THE F.C.C. LEADERSHIP AND STAFF PARTICIPATED IN CONSULTATIONS IN NINE DIFFERENT STATES INCLUDING OKLAHOMA, SOUTH DAKOTA, CALIFORNIA, NUMBER AND ARIZONA. F.C.C. OFFICIALS ATTENDED TRIBAL CONFERENCES AND HOSTED TRIBAL REPRESENTATIVES HERE AT THE F.C.C. AND CONDUCTED DOZENS AND DOZENS OF MEETINGS AND CONFERENCE CALLS CONCERNING THE SUBJECT MATTER WE’RE VOTING ON TODAY. THESE CONSULTATIONS RESULTED IN SIGNIFICANT OUTCOMES, FOR INSTANCE THE ORDER MAINTAINS THE CURRENT APPROACH TO SMALL CELL AND OTHER DEPLOYMENTS ON TRIBAL LAND GIVEN THE FEEDBACK WE RECEIVE AND ADOPTS FORMS THAT GIVES TRIBES MORE INFORMATION EARLIER IN THE PROCESS FOR THOSE REVIEWS THAT GO THROUGH THE NHPAA PROCEDURES. IT REJECTS REQUEST TO LIMIT THE GEOGRAPHIC AREA WHERE TRIBES CAN EXPRESS INTEREST OR PARTICIPATE IN THE PROCESS. IT ALSO EXPRESSLY RECOGNIZES THE CIRCUMSTANCES IN WHICH TRIBES CAN BE PAID FEES FOR THEIR CONSULTING SERVICES. IN THOSE CASES THE ORDER REJECTS CALLS WE LIMIT OR OTHERWISE REGULATE THE FEES THE TRIBES CAN CHARGE. WE’VE BEEN ABLE TO REACH A BETTER OUTCOME BASED ON THE EXTENSIVE CONSULTATION PROCESS AND WE’RE MAINTAINING AND FOLKING FEDERAL REVIEW ON THOSE DEPLOYMENTS LIKELY TO RAISE CONCERNS. BY TAKING THE STEPS TODAY WE WILL DELIVER IMMEDIATE RESULTS TO COMMUNITIES AROUND THE COUNTRY. A RECENT ACCENTURE STUDY DETERMINED EXCLUDING SMALL CELLS FROM FEDERAL REVIEW WILL RESULT IN AT LEAST 1.56 BILLION IN SAVINGS. THAT CAPITAL CAN BE USED TO DEPLOY IN EXCESS OF 55,000 NEW CELL SITES AND CREATE MORE THAN 17,000 JOBS. THAT’S BILLIONS FOR MORE BROAD BAND AND NOT ONE PENNY COMES FROM NEW TAXES OR FEES FROM CONSUMERS. $1.6 BILLION, 57,000 NEW SMALL CELLS, 17,000 JOBS. THOSE ARE BIG NUMBERS AND TOUGH TO WRAP YOUR HEAD AROUND FROM THE ABSTRACT. TO GET SOME PERSPECTIVE I TOOK A ROAD TRIP TO THE SHENANDOAH VALLEY TWO WEEKS AGO AND AT A ROUNDTABLE SPOKE WITH RESIDENTS AND SMALL BUSINESS OWNERS WHO DISCUSS THE LACK OF HIGH SPEED BROADBAND IN THEIR RURAL COMMUNITIES. THEY TALKED ABOUT SENDING THEIR KIDS TO SCHOOL EARLY OR LETTING THEM STAY THERE LATE JUST SO THEY CAN WORK OFF OF A GOOD INTERNET CONNECTION. INFRASTRUCTURE REFORM CAN HELP CLOSE THIS GAP. ONE LOCAL PROVIDER, SHANTEL, NOTED STREAMLINING THE FEDERAL REVIEW PROCESS WILL FREE UP ENOUGH CAPITAL FOR THE COMPANY TO DEPLOY 13 NEW CELL SITES IN THE SHENANDOAH VALLEY AND WILL BE THE FIRST HIGH SPEED BROADBAND FOR THE FAMILIES WITH THE FIRST COMPETITIVE OPTION THEY MIGHT HAVE. I’VE SEEN THE SAME OPPORTUNITY IN URBAN AREAS. LAST WEEK I DROFF TO BALTIMORE. I VISITED A NEIGHBORHOOD IN EAST BALTIMORE CALLED CARE WHICH STANDS FOR CARING ACTIVE RESTORING EFFORTS. THERE ARE STILL BOARDED UP ROW HOUSES IN CARE BUT IF YOU KEEP YOUR EYES OPEN YOU CAN SEE NEW OPPORTUNITY ON THE RISE. IF YOU KNOW WHAT YOU’RE LOOKING FOR YOU CAN SEE IT IN THE DOZENS OF SMALL CELLS THAT HAVE BEEN DEPLOYED THROUGHOUT THE NEIGHBORHOOD. TWO PROVIDERS NOTICED THE MACROCELL SERVING CARE WAS RUNNING OUT OF CAPACITY BECAUSE FOR FAMILIES IN THE AREA THEIR WIRELESS CONNECTION PROVIDES THEIR ONLY HIGH SPEED INTERNET ACCESS IN MANY CASES. TO PROVIDE BROADBAND CAPACITY THE CARRIERS ATTACHED A SERIES OF SMALL CELLS TO STREETLIGHTS RUNNING DOWN THE MAIN AVENUE. WE CAN REPLICATE THESE RESULTS IN EVEN MORE COMMUNITIES AND GET MORE BROADBAND TO MORE AMERICANS IF WE REFORM OUR INFRASTRUCTURE RULES. SO IN THE WEEKS SINCE WE RELEASED OUR DRAFT DECISION IT’S BEEN HEARTENING TO SEE THE DIVERSE COALITION THAT SUPPORTS THIS EFFORT THAT IS SERIOUS ABOUT SEEING THE UNITED STATES WIN THE RACE TO 5-G. TECH ADVOCATES LIKE THE APP ASSOCIATION, ENCOMPASS, C.T.I.A. AND SMALLER BROADBAND PROVIDERS AT CTIA AND VOICES FROM UNDERSERVED COMMUNITIES LIKE THE LEAGUE OF UNITED LATIN AMERICAN CITIZENS, THE L GBT TECH COALITION, NATIONAL RANGE, JOB CREATORS LIKE THE SMALL BUSINESS AND ENTREPRENEURSHIP COUNSEL IN THE U.S. CHAMBER AND OTHER ORGANIZATIONS INCLUDING THE PROGRESSIVE POLICY INSTITUTE, CITIZENS AGAINST GOVERNMENT WASTE, FREEDOM WORKS AND THE U.S. SMALL BUSINESS ADMINISTRATION. THESE ARE NOT GROUPS THAT FIND COMMON GROUND ON ALL TELECOM ISSUES. BUT IT’S A BROAD COALITION THAT UNDERSTANDS THE NEED TO GET OUR REGULATORY STRUCTURES 5-G READY. SINCE THE CHAIRMAN ASKED ME TO TAKE THE LEAD ON THE F.C.C.’S WIRELESS INFRASTRUCTURE PROCEEDING FIVE MONTHS AGO I WELCOMED THE CHANCE TO WORK WITH ALL STAKEHOLDERS IN DEVELOPING OUR APPROACH. THIS DECISION TODAY IS THE PRODUCT OF MANY, MANY HOURS OF WORK FROM COMMISSION STAFF ESPECIALLY THE TALENTED TEAM IN OUR WIRELESS TELECOMMUNICATIONS BUREAU THAT PRESENTED THE ITEM AND I WANT TO RECOGNIZE AND THANK YOU ALL FOR YOUR WORK IN ADDITION TO THE SIGNIFICANT CONTRIBUTIONS FROM THE OFFICE OF GENERAL COUNCIL AND NATIVE AMERICANS AND NATIVE AFFAIRS POLICY AND THE OTHER BUREAUS PUT ON THE SLIDE EARLIER. I KNOW YOU’VE SPENT YEARS ON THESE ISSUES. IN THE ORDER BEFORE US HAS GREATLY BENEFITED FROM YOUR EXPERTISE AND HAS MY FULL SUPPORT SO THANK YOU.

CHAIRMAN PAI: THANK YOU, COMMISSIONER, COMMISSIONER ROSENWORCEL.

COMMISSIONER O’RIELLY: THE SHIFT TO THE FIFTH GENERATION OR 5-G WIRELESS IS MUCH MORE THAN INCREMENTAL CHANGE. IT WILL FOSTER A WHOLE NEW WORLD OF MOBILE CONNECTIVITY NO MATTER WHO YOU ARE OR WHERE YOU LIVE, YOU WILL NEED ACCESS TO HAVE A FAIR SHOT AT 21ST CENTURY SUCCESS. BUT LET’S BE FRANK. IT IS NOT A SURE THING THE UNITED STATES WILL LEAD THE WORLD IN 5-G WIRELESS. IN FACT, THE AAVAILABLE EVIDENCE IS THAT WE’RE FALLING BEHIND. WE WANT TO LEAD IN 5-G, WE UNCONDITIONALLY NEED A NEW SPECTRUM AUCTION THIS YEAR. SOUTH KOREA, GERMANY, AUSTRALIA, THE UNITED KINGDOM AND ROMANIA ARE NOW LEADING THE WAY WITH DEFINITIVE PLANS FOR WIRELESS AUCTIONS IN 2018. WE DO NOT DO THAT HERE. IF WE WANT TO LEAD IN 5-G WE NEED POLICIES TO ENCOURAGE DEEP FIBER INVESTMENTS AND OUR WIRELESS FACILITIES WILL NEED TO BE CONNECTED TO MILLIONS OF MILES OF FIBER REQUIRING CREATIVE THINKING ABOUT EVERYTHING FROM PERMITTING TO SECURING ACCESS TO RIGHTS OF WAY. WE DO NOT DO THAT HERE. IF WE WANT TO LEAD IN 5-G WE NEED SERIOUS POLICIES TO ADDRESS OUR EQUIPMENT SUPPLY CHAIN CHALLENGES. THAT MEANS DEVELOPING A REAL PLAN RATHER THAN RELYING ON THE OPAQUE DECISIONS ISSUED FROM BEHIND THE CLOSED DOORS OF THE COMMITTEE ON FOREIGN INVESTMENT IN THE COMMUNS.

COMMISSIONER ROSENWORCEL: WE DO NOT DO THAT HERE. IF WE WANT TO LEAD IN 5-G, WE NEED TO MODERNIZE OUR APPROACH TO WIRELESS INFRASTRUCTURE. WE NEED TO STREAMLINE THE PROCESS FOR THE DEPLOYMENT OF SMALL CELLS BECAUSE OVER THE NEXT EIGHT YEARS, WE WILL REQUIRE AS MANY AS 800,000 OF THEM. THAT’S DAUNTING. AT THE SAME TIME WE NEED TO MODERNIZE OUR APPROACH TO LARGER WIRELESS FACILITIES AND THAT’S DAUNTING, TOO. A SOLUTION TO THIS INFRASTRUCTURE CHALLENGE IS LONG OVERDUE. WHILE TODAY’S DECISION PURPORTS TO BE ONE IT MISSES THE MARK AND RUNS ROUGHSHOD OVER THE RIGHTS OF OUR TRIBAL COMMUNITIES AND IT GIVES SHORT SHRIFT TO OUR MOST BASIC ENVIRONMENTAL AND HISTORIC PRESERVATION VALUES. MOREOVER, TOO MUCH OF THE POLICIES AND LEGAL ANALYSISES IS LACKING THE HEFT TO SUPPORT THE RESULTS. WHAT WE HAVE HERE WILL NOT HELP US LEAD OR EVEN BE 5-G READY. OUR WORK DESERVES A DELAY SO WE CAN FIX THESE DEFICIENCIES AND MOVE FORWARD TOGETHER. BECAUSE WE DO NOT TAKE THE TIME TO REMEDY THESE PROBLEMS WHEN WE CAN AND SHOULD I DISSENT. THIS DECISION TAKES THREE MAIN ACTIONS, ALL THREE HAVE PROBLEMS. FIRST, THIS DECISION CUTS TRIBAL AUTHORITIES FROM THEIR RIGHTFUL ROLE REVIEWING WIRELESS FACILITIES. WHILE I BELIEVE THIS PROCESS WOULD BENEFIT FROM MODERNIZATION, IN THIS DECISION WE FAIL TO FULFILL OUR FEDERAL TRUST RELATIONSHIP WITH RESPECT TO 5-G DEPLOYMENT. WE’VE LONG-STANDING DUTIES TO CONSULT WITH TRIBES BEFORE IMPLEMENTING ANY REGULATION OR POLICY THAT WILL SIGNIFICANTLY OR UNIQUELY AFFECT TRIBAL GOVERNMENTS. THEIR LAND OR THEIR RESOURCES. THIS RESPONSIBILITY IS MEMORIALIZED IN THE F.C.C. POLICY STATEMENT ON ESTABLISHING A GOVERNMENT-TO-GOVERNMENT RELATIONSHIP WITH INDIAN TRIBES. BUT WE DO NOT HONOR IT HERE. WHILE THE DECISION LISTS EVERY MINOR CONTRACT THIS AGENCY HAD WITH TRIBAL AUTHORITIES, REMEMBER THIS, NOT A SINGLE TRIBE HAS STRESSED SUPPORT FOR TODAY’S ACTION. SECOND, THIS DECISION REMOVES SMALL CELLS FROM THE PURSUE OF THE NATIONAL HISTORIC PRESERVATION ACT, A NATIONAL ENVIRONMENTAL POLICY ACT. THIS APPROACH HAS BOTH POLICY AND LEGAL FRAILTIES. WITH RESPECT TO POLICY IT’S NO SECRET RURAL AND LOW INCOME COMMUNITIES TRAIL OUR URBAN AREAS WHEN IT COMES TO BROADBAND ACCESS. BUT NOT A SINGLE COMMENT IN THIS PROCEEDING HAS SUGGESTED THAT THE ROOT OF THAT PROBLEM IS OUR HISTORIC OR ENVIRONMENTAL REVIEW PROCESS. THESE COMMUNITIES ARE HARD TO SERVE BECAUSE THEY DON’T SUPPORT THE INVESTMENT THAT REQUIRES BUILDOUT. WE DON’T TACKLE THAT HARD TRUTH OR SEEK TO SERVE IN HARD TO SERVE AREAS BUT WE SHOULD. CAN I ASK WHY WE’RE REMOVING SOMEONE WHO IS BEHAVING FROM THE AUDIENCE RIGHT HERE RIGHT NOW? [INAUDIBLE]

COMMISSIONER ROSENWORCEL: I’M SAYING THERE IS SOMEONE SITTING HERE QUIETLY AND LISTENING. I ASK WE NOT REMOVE PEOPLE FROM THE ROOM WHO ARE QUIETLY LISTENING.

AUDIENCE: WHAT HAPPENED TO THE FIRST AMENDMENT?

COMMISSIONER ROSENWORCEL: IN ADDITION, OUR INTERPRETATION OF THE NATIONAL HISTORIC PRESERVATION ACT IS FLAWED AND LIKELY TO HAVE MESSY CONSEQUENCES FOR FUTURE WIRELESS DEPLOYMENT. THE LAW DEFINES AN UNDERTAKING AS A PROJECT, ACTIVITY OR PROJECT FUNDED IN WHOLE OR PART UNDER THE DIRECT OR INDIRECT JURISDICTION OF A FEDERAL AGENCY. INCLUDING THOSE CARRIED OUT BY OR ON BEHALF OF A FEDERAL AGENCY, THOSE CARRIED OUT WITH FEDERAL FINANCIAL ASSISTANCE AND THOSE REQUIRING A FEDERAL PERMIT, LICENSE OR APPROVAL. OK. THAT’S COMPLICATED SO LET’S COUNT THEM. THERE ARE THREE ELEMENTS TO THAT DEFINITION. PROJECTS CARRIED OUT BY A FEDERAL AGENCY, THOSE CARRIED OUT WITH FEDERAL FINANCIAL ASSISTANCE, AND THOSE REQUIRING A FEDERAL PERMIT, LICENSE OR APPROVAL. BUT TODAY’S DECISION ADDRESSES ONLY THE FIRST AND LAST ELEMENTS. IN EFFECT, THE F.C.C. READS PROJECTS CARRIED OUT WITH FEDERAL FINANCIAL ASSISTANCE OUT OF THE LAW, YET GOING FORWARD, IT IS HIGHLY LIKELY SMALL CELLS ARE GOING TO BE DEPLOYED USING FEDERAL FINANCIAL ASSISTANCE. LIKE FOR INSTANCE USING THE MOBILITY FUND. THAT’S THE UNIVERSAL SERVICE FUND THAT WILL SUPPORT UPDATED WIRELESS SERVICE IN RURAL AREAS TO THE TUNE OF $4.523 BILLION. THAT’S NOT A SMALL AMOUNT. AND WE WON’T IMPROVE 5-G DEPLOYMENT IN RURAL AREAS BY SWEEPING THIS LEGAL PROBLEM UNDER THE RUG. THIS IS ESPECIALLY TRUE WHEN THERE ARE DIFFERENT PATHS WE CAN TAKE. FOR INSTANCE, EVEN IF SMALL CELL DEPLOYMENT IS DETERMINED TO BE AN UNDERTAKING, THE F.C.C. HAS AUTHORITY TO FIND CONSISTENT WITH THE ADVISORY COUNCIL ON HISTORIC PRESERVATIONS RULES IT HAS NO FURTHER OBLIGATIONS UNDER SECTION 106 IF DEPLOYMENT HAS NO MORE THAN A DE MINIMUS IMPACT ON HISTORIC PROPERTIES. IN SORT THERE ARE OTHER WAYS TO ADDRESS THESE ISSUES AND I WISH WE COULD EXPLORE THEM HERE. THIRD AND FINALLY, THIS DECISION REMOVES MANY WIRELESS FACILITIES FROM ENVIRONMENTAL OVERSIGHT. IF OUR ENVIRONMENTAL ASSESSMENT PROCESS IS TOO COMPLEX OR TOO LENGTHY, WE SHOULD FIX IT. BUT TOSSING THIS PROCESS OUT IS UNSUPPORTED BY THE RECORD. IN FACT, THERE IS SO LITTLE DISCUSSION OF THE CONSEQUENCES OF THIS CHANGE IN OUR DOCKET, THE WHITE HOUSE COUNCIL ON ENVIRONMENTAL QUALITY WROTE US A LETTER ON THIS SUBJECT THAT IS VOID OF ANY SUBSTANTIVE ANALYSIS AND OFFERS ONLY THE MOST SUPERFICIAL SUPPORT. WE SHOULD DO BETTER THAN THIS. IN SUM, THIS DECISION DOES NOT CLEAR THE WAY FOR 5-G AND DOES NOT MAKE US 5-G READY AND ONLY GUARANTEES A MESSY SERIES OF LEGAL CHALLENGES WILL FOLLOW IN ITS WAKE. I REGRET WE DID NOT DELAY TODAY’S VOTE TO FIX THESE PROBLEMS. I CAN ONLY HOPE THAT WITH THIS CRUDE EFFORT WE DO NOT FURTHER RISK OUR LEADERSHIP IN 5-G AS A RESULT.

COMMISSIONER O’RIELLY: IF THE UNITED STATES IS GOING TO LEAD IN 5-G WE NEED TO MODERNIZE OUR WIRELESS INFRASTRUCTURE REGULATION S AND OUR EFFORTS TO RELEASE SPECTRUM FOR CONSUMER USE ARE NECESSARY BUT NOT SUFFICIENT JUST TO SECURE OUR5-G FUTURE. IN FACT, THERE WILL BE POINTLESS IF CARRIERS CANNOT DEPLOY THE PHYSICAL INFRASTRUCTURE NEEDED TO BRING NEXT GENERATION SERVICES TO THE AMERICAN PEOPLE.

CHAIRMAN PAI: UNFORTUNATELY OUR CURRENT WIRELESS INFRASTRUCTURE RULES ARE A POOR FIT FOR THE 5-G NETWORKS OF THE FUTURE. THEY WERE DESIGNED WITH 200 FOOT TOWERS IN MIND, NOT THE HIGHLY DENSE FIND NETWORKS OF SMALL CELLS THAT WILL BE COMMON IN THE 5-G WORLD. BUT DON’T JUST TAKE MY WORD FOR IT, CONSIDER THESE COMMENTS.5-G IS NOT A TECHNOLOGY. IT IS A REVOLUTION. THE NATURE OF THE TECHNOLOGY MAKES THE ASSOCIATED COSTS AND FEES ALL THE MORE CRITICAL. THERE ARE JUST OVER 200,000 CELL TOWERS IN THE U.S. BUT THERE MAY BE MILLIONS OF SMALL CELL SITES IN THE 5-G FUTURE. IF SITING FOR A SMALL CELL TAKES AS LONG AND COSTS AS MUCH AS THE SITING FOR A CELL TOWER, FEW COMMUNITIES WILL EVER HAVE THE BENEFITS OF 5-G. WE RECOGNIZE THAT THIS IS A MAJOR CONCERN. THAT WAS MY IMMEDIATE PREDECESSOR, CHAIRMAN WHEELER, SPEAKING TWO YEARS AGO ABOUT THE PROBLEMS OF OUR 5-G WIRELESS INFRASTRUCTURE REGULATIONS. IN COMMENTS LIKE THAT ARE WHY THIS ORDER TODAY IS SO IMPORTANT. WE TAKE A GIANT LEAP FORWARD IN UPDATING OUR WIRELESS INFRASTRUCTURE RULES, BY CUTTING UNNECESSARY RED TAPE WE’LL MAKE IT SUBSTANTIALLY EASIER FOR CARRIERS TO BUILD THE NETWORKS THROUGHOUT THE PUNS.– THE UNITED STATES. THAT MEANS FASTER AND MORE RELIABLE WIRELESS SERVICES FOR AMERICAN CONSUMERS AND BUSINESSES. THAT MEANS MORE WIRELESS INNOVATION SUCH AS NOVEL APPLICATIONS OF THE BENEFIT OF THINGS AND ULTIMATELY MEANS AMERICAN LEADERSHIP IN 5-G. SPECIFICALLY WE CLARIFY TODAY THAT SMALL CELLS ARE INHERENTLY DIFFERENT FROM LARGE TOWERS SO THEY SHOULDN’T FACE IDENTICAL REGULATORY REVIEW UNDER THE NATIONAL HISTORIC PRESERVATION ACT AND THE NATIONAL ENVIRONMENTAL POLICY ACT. WE ALSO STREAMLINE THE PROCESS FOR TRIBAL REVIEW NOTI FICATIONS THROUGH OUR TOWER CONSTRUCTION NOTIFICATION SYSTEM. IN DEVELOPING TODAY’S ORDER, WE HAVE ENGAGED EXTENSIVELY AND I HAVE PERSONALLY WITH TRIBAL NATIONS, INNER TRIBAL OCEANS AND STATE AND LOCAL A.F.C.S AND THESE CONSULTATIONS HAVE IMPROVED OUR WORK PRODUCT. FOR EXAMPLE, TRIBES COMPLAINED WIRELESS COMPANIES SOMETIMES GIVE THEM INSUFFICIENT INFORMATION ABOUT PROPOSED MACROTOWER DEPLOYMENTS THAT COULD POTENTIALLY AFFECT HISTORIC PROPERTIES. AND SO TODAY’S ORDER THEREFORE REQUIRES INFRASTRUCTURE SITING APPLICANTS TO GIVE POTENTIALLY AFFECTED TRIBAL NATIONS AND NATIVE HAWAIIAN ORGANIZATIONS A STANDARDIZED SET OF INFORMATION FOR UNDERTAKINGS GOING FORWARD. PROVIDING THIS INFORMATION AT THE INITIAL NOTIFICATION STAGE AT THE OUTSET WILL ENABLE TRIBES TO MORE EFFICIENTLY DETERMINE WHETHER PROJECTS MAY AFFECT HISTORIC PROPERTIES OF RELIGIOUS OR CULTURAL SIGNIFICANCE. BUT WE ALSO HEARD FROM NUMEROUS PARTIES SEEKING TO DEPLOY INFRASTRUCTURE ABOUT THE ABUSE OF THE REVIEW PROCESS, INCLUDING SOME TRIBAL NATIONS CHARGING UPFRONT FEES EVEN BEFORE A RESPONSE. COMMISSIONER O’RIELLY OUTLINE SOMEDAY EXAMPLES, IN ADDITION TO THAT ONE COMPANY PAID OVER $15,000 TO INSTALL A SINGLE SMALL CELL IN DOWNTOWN MILWAUKEE. YET ANOTHER COMPANY STATED 26% OF THE SMALL CELL DEPLOYMENT COSTS, INCLUDING FOR EQUIPMENT, CAME FROM HISTORIC PRESERVATION AND ENVIRONMENTAL REVIEW ALONE. EXTRAPOLATING THAT OUT TO THE THOUSANDS OF SMALL CELLS NEEDED FOR NEXT GENERATION SERVICES, I T BECOMES CLEAR. YOU CAN STICK WITH THE REGULATORY STATUS QUO OR YOU CAN HAVE 5-GSKS. YOU CANNOT HAVE BOTH. TO ADDRESS THAT ISSUE, WE ARE GOING BACK TO FOLLOWING THE LAW. ASIDE FROM DETERRING DEPLOYMENTS, UPFRONT FEES CONTRADICT THE COUNCIL’S HISTORIC PRESERVATION GUIDANCE AND ARE INKESTENT WITH LAW AND PRIVATE WELFARE AND WON’T COERCE PRIVATE ENTITIES TO PAY THEM GOING FORWARD. THE OTHER PIECE OF TODAY’S ORDER SPEEDS WIRELESS INFRASTRUCTURE DEPLOYMENT BY ELIMINATING THE REQUIREMENT THAT APPLICANTS FILE ENVIRONMENTAL ASSESSLES SOLELY DUE TO THE LOCATION OF A PROPOSED FACILITY IN A FLOOD PLANE AS LONG AS CERTAIN CONDITIONS ARE MET AND ARE REDUCING UNNECESSARY BARRIERS TO THE CONSTRUCTION OF NEXT GENERATION NETWORKS. DATCHES ORDER WOULD NOT HAVE BEEN POSSIBLE WITHOUT THE HARD WORK OF COMMISSIONER CARR WHO I TASK WITH LEADING THE EFFORTS ON THE WIRELESS INFRASTRUCTURE FRONT. I WOULD LIKE TO THANK HIM AND HIS STAFF FOR THEIR SKILLFUL WORK AND LOOK FORWARD TO COLLABORATING WITH THEM AS WE ADDRESS ADDITIONAL BARRIERS IN DEPLOYMENT IN THE MONTHS TO COME AND WOULD PARTICULARLY LIKE TO THANK ALL THE STAFF. WHO WORKED DILIGENTLY ON WIRELESS INFRASTRUCTURE ISSUES THE PAST YEAR PARTICULARLY THOSE WHO WORKED ON THE ITEM, ZORBA LEON JACKLER, MARGOLIS, ERIKA ROSENBERG, JENNIFER SALAS, DANA SCHAFER, DAVID SORASKI, JOHN STOCKDALE, SUZANNE TATRO AND MARY KAY YORK FROM THE WIRELESS COMMUNICATION BUREAU, ASHLEY BRODELL, TOM JOHNSON, LINDA OLIVER FROM THE OFFICE OF GENERAL COUNSEL, MATTHEW DUSHANE AND PATRICK WEBBER FROM THE GOVERNMENTAL AFFAIRS BUREAU AND MICHAEL WAGNER FROM THE MEDIA BUREAU, KATHY WILLIAMS FROM THE OFFICE OF MANAGING DIRECTOR, SHANNA WILKERSON FROM THE OFFICE OF COMMUNICATIONS AND BUSINESS OPPORTUNITIES, CHRIS ANDERSEN, KEN BURNLY MEGAN HENRY, DAVID POTENSKI AND MICHAEL WILHELM FROM THE HOME LANDED SAFETY BUREAU AND JASON KOFLOS KI AND KEVIN PITTMAN AND MICHAEL SCLARETO FROM THE DEPLOYMENT BUREAU. LATELY THERE’S BEEN A LOT OF TALK ABOUT AMERICAN LEADERSHIP IN 5-G AND TALK IS CHEAP. ACTION IS WHAT ACTUALLY MATTERS AND NOW IS THE TIME FOR ACTION. A VOTE FOR THIS ORDER IS A VOTE FOR CONCRETE ACTION THAT WILL HELP THE UNITED STATES LEAD THE WORLD IN 5-G. IT IS A VOTE FOR BETTER, FASTER, AND CHEAPER MOBILE BROADBAND FOR AMERICAN CONSUMERS. IT IS A VOTE FOR MAKING THE UNITED STATES THE BEST HOME FOR WIRELESS INNOVATION AND INVESTMENT AND IT IS A VOTE TO EXTEND DIGITAL OPPORTUNITY TO MORE OF OUR CITIZENS. THE FUTURE IS A BRIGHT ONE AND IT IS A FUTURE I’M DETERMINED TO DELIVER BY SUPPORTING THIS ORDER. WE WILL NOW PROCEED TO A VOTE ON THE ITEM.

COMMISSIONER CLYBURN: I DISSENT.

COMMISSIONER CARR: AYE.

COMMISSIONER RILEY: AYE.

COMMISSIONER ROSENWORCEL: I DISSENT.

CHAIRMAN PAI: THREE VOTES AYE AND IT IS ADOPTED. THE GENTLEMAN IS OUT OF ORDER. MADAM SECRETARY, TAKE US TO THE NEXT ITEM ON TODAY’S AGENDA.