November 3, 2017 Mr. Ajit Pai Chairman, Federal
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November 3, 2017 Mr. Ajit Pai Chairman, Federal Communications Commission 445 12th Street, SW Washington, DC 20510 Dear Chairman Pai: As members of the nonpartisan organizations of the nation’s city and county officials, we write to urge you to work more closely with local governments to enhance broadband access and accelerate broadband infrastructure deployment. In particular, we write to urge you and the agency to more fully consider local perspectives in two Notices of Proposed Rulemaking/Notices of Inquiry titled “Accelerating Wireline/Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment” (WT Docket Nos. 17-79 and WC Docket No. 17-84). We also request you provide for an appropriate level of local government representation on the Broadband Deployment Advisory Committee (BDAC), if this body is to be continued, so that local governments can have more input into both the BDAC’s and the Commission’s deliberations on matters such as these two rulemakings and other proceedings related to broadband deployment in the future. Specifically, we write at this time to request that going forward the Commission: • Protect local authority over rights-of-way, honor our Constitutionally guaranteed protection of fair compensation on the use of public assets, and maintain our Congressionally recognized right to govern the siting of cell towers and small cells in our communities; and • Address the perception that BDAC is solely interested in pursuing industry goals by making all meetings public, and sharing drafts of all BDAC working documents on the FCC’s homepage – in so doing, the Commission and the BDAC would be the beneficiaries of input from a broader group of stakeholders; • Enhance the scope of the BDAC’s mission to consider the broadband industry's responsibility for the broader deployment of wired and wireless broadband services while increasing network quality and lowering the costs to all Americans, including those in rural and low-income areas – today, the BDAC focuses solely on city and state regulations and matters such as pole attachments, missing many other obstacles to broadband deployment, such as broadband industry provider practices and market structure; and • Provide sufficient time for the BDAC to develop informed opinions that can be shared in interim final reports that are made subject to public review, and guarantee that there is an extended public comment period on materials offered by the BDAC before finalizing any BDAC reports and before the Commission takes any final action in Docket Nos. 17-79 and 17-84. Chairman Ajit Pai Page 2 November 3, 2017 By making these changes, the work of the BDAC will be more transparent, data-driven, balanced, forward-looking, and fair. Moreover, because universal access to affordable broadband is so important to our constituents, local elected officials would welcome a BDAC report that outlines the identification of shared challenges and suggested responses for issues such as network-level deployment, design standards, and batch permit processing. We also believe the BDAC would serve the nation well by documenting the need for targeted federal subsidies for building out low-density areas and offering federal grant programs and other resources that allow local governments to replicate successful approaches in other jurisdictions. Local governments and their elected leaders share your goal of promoting broadband deployment and enhancing access to affordable broadband services. We urge you to work collaboratively and fairly with us in achieving this shared goal. Respectfully submitted, Roy Charles Brooks Matt Zone Mitch Landrieu President President President National Association of Counties National League of Cities The U.S. Conference of Mayors Commissioner Councilmember Mayor Tarrant County, Texas Cleveland, Ohio New Orleans, Louisiana Steve Holt Carroll Watson David Luna Mayor Mayor Vice Mayor Florence, Alabama Lincoln, Alabama Mesa, Arizona Greg Stanton Lioneld Jordan Susan Norton Mayor Mayor Communications Director Phoenix, Arizona Fayetteville, Arkansas Fayetteville, Arkansas Marina Brooks Trish Herrera Spencer Liz Gibbons City Council Member Mayor Mayor Sherwood, Arkansas Alameda, California Campbell, California Mary Casillas Salas Federal Glover Acquanetta Warren Mayor President, Board of Supervisors Mayor Chula Vista, California Contra Costa County, California Fontana, California John P. Marchand Robert Garcia Eric Garcetti Mayor Mayor Mayor Livermore, California Long Beach, California Los Angeles, California Judy Arnold Teresa Real Sebastian J.D. Steve Tate President, Board of Supervisors Mayor Mayor Marin County, California Monterey Park, California Morgan Hill, California Alan L. Nagy Libby Schaaf Sue Higgins Mayor Mayor Mayor Newark, California Oakland, California Oakley, California Jerry Thorne Darrell Steinberg Jim Ruane Mayor Mayor Mayor Pleasanton, California Sacramento, California San Bruno, California Edwin M. Lee Sam Liccardo Pauline Russo Cutter Mayor Mayor Mayor San Francisco, California San Jose, California San Leandro, California Heidi Harmon James Desmond Ted Winterer Mayor Mayor Mayor San Luis Obispo, California San Marcos, California Santa Monica, California Claudia Bill-de la Pena Patrick J. Furey John Heilman Mayor Mayor Mayor Thousand Oaks, California Torrance, California West Hollywood, California Christopher L. Cabaldon Wyatt Peterson Joe Ganim Mayor Management Analyst Mayor West Sacramento, California Centennial, Colorado Bridgeport, Connecticut John Giles Eric Thompson Michael S. Purzycki Town Manager Mayor Mayor Elsmere, Delaware Elsmere, Delaware Wilmington, Delaware Muriel Bowser Wayne Poston Teresa Watkins Brown Mayor Mayor Councilwoman Washington, District of Columbia Bradenton, Florida Fort Myers, Florida Joy Cooper Matt Surrency Ed Fielding Mayor Mayor Commissioner Hallandale Beach, Florida Hawthorne, Florida Martin County, Florida Tomas P. Regalado Cal Rolfson Alix Desulme Mayor Councilman Vice Mayor Miami, Florida Mount Dora, Florida North Miami, Florida Buddy Dyer Milissa Holland Frank C. Ortis Mayor Mayor Mayor Orlando, Florida Palm Coast, Florida Pembroke Pines, Florida Thom Barnhorn Nathan Blackwell Tom Campenni Councilor Mayor Commissioner Seminole, Florida St. Cloud, Florida Stuart, Florida Gil Ziffer Daniel J. Stermer Gary Resnick Commissioner Mayor Mayor Tallahassee, Florida Weston, Florida Wilton Manors, Florida Dorothy Hubbard Nancy B. Denson Kasim Reed Mayor Mayor Mayor Albany, Georgia Athens, Georgia Atlanta, Georgia Jeff Rader Philip Goldstein Harry Kim Commissioner Council Member Mayor Dekalb County, Georgia Marietta, Georgia Hilo, Hawaii Joseph Larsen Rahm Emanuel William 'Bill' D. McLeod Clerk of the Board of Commissioners Mayor Mayor Cassia County, Idaho Chicago, Illinois Hoffman Estates, Illinois John Hamilton James Brainard Karen M. Freeman-Wilson Mayor Mayor Mayor Bloomington, Indiana Carmel, Indiana Gary, Indiana Mark Myers Gregory Adamson Scott Naumann Mayor Alderman Ward 4 Alderman Ward 2 Greenwood, Indiana Bettendorf, Iowa Bettendorf, Iowa Jerry Sechser Jeff Acton Chris Felix Alderman Ward 1 City Administrator IT Manager Bettendorf, Iowa Cimarron, Kansas Coffeyville, Kansas Kendal Francis John McTaggart Larry Paine City Manager Mayor City Administrator Coffeyville, Kansas Edwardsville, Kansas Hillsboro, Kansas Thomas Hicks Jim Toews Sid Fleming City Clerk Mayor City Administrator Hugoton, Kansas Inman, Kansas Iola, Kansas Robert Conger Lou Leone Andy Huckaba City Administrator City Administrator Council Member Kechi, Kansas Kiowa, Kansas Lenexa, Kansas Gregory DuMars Nathan Law Linda Morse City Administrator City Administrator Mayor Lindsborg, Kansas Louisburg, Kansas Manhattan, Kansas Thomas Brown Nick Gregory Richard Boeshaar Mayor City Administrator Mayor McPherson, Kansas McPherson, Kansas Mission Hills, Kansas Leslie Harvey Halley Roberson Donald Cawby City Clerk City Administrator City Manager Morland, Kansas Oberlin, Kansas Osawatomie, Kansas David Morrison Laura Wassmer Kaye Crawford Precinct Committeeman Mayor Mayor Prairie Village, Kansas Prairie Village, Kansas Salina, Kansas Brandon Kenig Terri Pike Jeremy Willmoth Council Member City Clerk City Manager Shawnee, Kansas Sylvia, Kansas Winfield, Kansas Greg Fischer Catherine E. Pugh Patrick L. Wojahn Mayor Mayor Mayor Louisville, Kentucky Baltimore, Maryland College Park, Maryland Hans Riemer Martin J. Walsh Richard J. Kos Council Vice President Mayor Mayor Montgomery County, Maryland Boston, Massachusetts Chicopee, Massachusetts Carlo DeMaria Jr. Jon Mitchell Lee Kilbourn Mayor Mayor Mayor Everett, Massachusetts New Bedford, Massachusetts Auburn, Michigan Tim Willson Elizabeth B. Kautz Marvin Johnson Mayor Mayor Mayor Brooklyn Center, Minnesota Burnsville, Minnesota Independence, Minnesota Jake Spano Chris Coleman Jo Emerson Mayor Mayor Mayor and League of Saint Louis Park, Minnesota Saint Paul, Minnesota Minnesota Cities President White Bear Lake, Minnesota Gene McGee Mathew Robinson Eileen Weir Mayor Mayor Mayor Ridgeland, Mississippi Hazelwood, Missouri Independence, Missouri Sylvester 'Sly' James Jr. Dan Ross Lyda Krewson Mayor Executive Director Mayor Kansas City, Missouri Missouri Municipal League St. Louis, Missouri Chris Beutler Wes Henderson Debra March Mayor Executive Director Mayor Lincoln, Nebraska Nevada League of Cities Henderson, Nevada Hillary Schieve Michael J. Venezia Brad J. Cohen Mayor Mayor Mayor Reno, Nevada Bloomfield, New Jersey East Brunswick Township, New Jersey Brian C. Wahler Kathy M. Sheehan Byron