September 2018

The FCC Ignores Reality in 5G Proposal

The Coalition for Local Internet Choice and the National Association of Telecommunications Officers and Advisors asked for my view of the Federal Communications Commission’s pending order, proposing to cap the fees that state and local governments may charge for small-cell attachments. According to the FCC’s draft order, these price‐caps will save the industry $2 billion in costs to operate in metropolitan areas—which will translate into $2.5 billion in new wireless investment, primarily in rural areas. Here are my concerns:

Understanding the FCC’s Proposed Small Cell Order

On September 5, the Federal Communications Commission released the text of an order in its ongoing proceeding to streamline the rollout of infrastructure for broadband services, including small cells for 5G wireless service. The order is expected to be adopted at the FCC’s September 26th meeting. The order is a blatant effort by the FCC to strengthen the hand of carriers in negotiations with local governments over small cell deployment and to limit the ability of local governments to negotiate in the public interest around small cells.

Senate passes Music Modernization Act

The US Senate has approved the Music Modernization Act of 2018, S.2334, with unanimous consent, bringing the first reform for music licensing in 20 years on the cusp of becoming law. The companion version in the House previously passed in April, also with unanimous consent. The bill now must be reconsidered by the House and then ultimately signed by President Trump. Both of those are likely to happen, so the Senate was the last major hurdle. The bill revamps Section 115 of the US Copyright Act, combining three major pieces of legislation: