INFORMATION TECHNOLOGY AND COMMUNICATIONS (2021) 7.00 Economic Opportunity and information space and use available Innovation information and digital resources for education, job opportunities, civic Local officials have traditionally been engagement, health care, financial services, leading proponents of the development of entertainment and social connection. new and emerging technologies and NLC supports federal policies that encourage Municipalities should be able to leverage economic development by promoting assets such as fiber networks and partner with universal access, and digital inclusion, agencies, nonprofits and private sector technological innovation, competition, and businesses to deploy and support community the implementation of new services. For digital inclusion programs. Local officials are communities, the existence of an affordable also those best positioned to assess residents’ and modern communications infrastructure needs and barriers when accessing adequate means rapid dissemination of and efficient and affordable broadband, technology access to information, increased productivity, resources and training opportunities. Cities, new economic development opportunities, towns and villages are also the entity best improved local government services, and an suited for appropriate management of public improved quality of life. Communications rights-of-way, land use and zoning in their and information technology have become communities, to balance the needs of integral to providing improved health and achieving a robust communications and social services, public safety, education and information technology infrastructure with job training, transportation and other lifeline the other needs of the community. services. (In this chapter, unless specifically noted, the word communications shall Federal broadband planning frameworks include voice, video, data, and all other should encompass access to affordable and services delivered over cable, telephone, adequate broadband internet for residents and fiber-optic, wireless, satellite and all other businesses, including: platforms.) • Economic opportunity and innovation for businesses, organizations and individuals A. Statement of Principles participating in the digital economy; NLC endorses the goal of achieving digital • Digital literacy education opportunities equity across all American communities. that contribute to digital citizenship, Digital equity ensures all individuals and privacy and cybersecurity skills; communities have the information • Robust and resilient communications technology capacity needed for full systems for public safety and participation in our society, democracy and cybersecurity; economy. Digital equity is necessary for civic • Appropriate fixed access for single and and cultural participation, employment, multifamily homes and businesses; lifelong learning and access to essential • Equitable mobile service throughout services. entire jurisdictions to the extent feasible; • Bandwidth symmetry between upload Every resident should have affordable access and download speeds, enabling sufficient to communication technologies that provide access to high-bandwidth services and full opportunities to engage in the digital 2021 Information Technology and Communications 261 applications needed for economic participation. Federal definitions of competitiveness; "broadband service" and programs to • Network neutrality protections. enhance access, adoption, and affordability should also seek to encourage B. Access, Adoption, Affordability, and upload/download bandwidth symmetry. Symmetry of Broadband Broadband access and adoption help promote C. Competition and Convergence economic development and social equity Communications services are no longer while enhancing public health, public safety, bound to a single, exclusive engineering or and educational opportunities for Americans physical delivery mechanism. Convergence around the country. Therefore, the Federal refers to delivering services over non- government should ensure that broadband traditional platforms, utilizing multiple access is universal, affordable, and addresses technologies to deliver a particular service, the nation’s digital equity issues. The and delivering multiple services over a single Federal government should also ensure that platform. A common example is telephone future deployments are developed so as not to (voice) and data delivered by cable. Past decrease digital equity. regulatory regimes – applied to specific communications services, delivered via 1. Access specific technologies – will be irrelevant and NLC supports action by the federal unworkable in a market where “cable government to provide matching grants, companies,” “phone companies,” and their technology grants, tax credits, subsidies and competitors deliver packages of comparable other types of aid that would increase services via different technologies. broadband deployment and affordability. NLC also supports sustained funding of Implementing the principles of universal programs such as e-rate. availability requires participation from the private, non-profit and governmental sectors. 2. Adoption The private sector's role is to meet consumer Understanding that access alone is not demands by innovation and engaging enough to encourage adoption, NLC also actively in the market through product and supports proposals that would bridge the service development and support. The non- digital divide and develop programs that profit sector may provide support for would create opportunities to increase individuals that are not adequately served by broadband adoption. the market or government programs. 3. Affordability Governmental programs are required in this Federal policies should be designed to area because the market cannot fully meet maximize the availability of affordable and local, state and national objectives. Barriers competitively priced services throughout the of geography, technology, settlement country. patterns, poverty and other factors stand in the way. All levels of government have a role 4. Upload/Download Symmetry in ensuring universal availability. Despite Recognizing that broadband download the move to de-regulate services, states, capability is critical for access to content, through their public utility regulatory upload speed is similarly critical for structures, have significant and changing economic development and labor market roles in this area. Municipal and other local 2021 Information Technology and Communications 262 governments can make significant A. Land Use and Zoning contributions to universal availability 1. General through community needs analysis, The Federal Government must not preempt regulation, financing, franchising, direct or restrict zoning authority and other local provision of services and infrastructure, land use laws or requirements applied in a progressive management of city properties non-discriminatory and timely manner that including rights-of-way and a variety of other regulate the location, placement, size, means. The federal government must not appearance, screening or siting of preempt municipal authority to act in the transmission and receiving facilities and any interest of its citizens, especially where fully other communications facilities such as competitive and affordable services do not satellite dishes, radio towers, broadcast exist. facilities, microwave facilities, equipment housing, small wireless facilities, and similar The federal government, because of its scale facilities. (See related policy under the and geographic scope, has a unique role in Community and Economic Development providing redistribution of service costs so Chapter, Section 3.07 (A) Land Use.) that a national system of universal affordable access exists. These roles are critical in order 2. Adjudication to bridge gaps between universal service and Disputes over local zoning and land use what the private sector provides in response matters must be adjudicated by the state to the market. courts and not the Federal Communications Commission (FCC). 7.01 Local Control and Authority 3. Exclusive Remedy for Personal NLC supports a balanced approach to Communications Facilities communications policy that allows new NLC supports judicial decisions and technologies to flourish while preserving legislation that express the clear traditional local regulatory authority. In Congressional intent to preclude application particular, federal policies should not of damages and attorney fee remedies against undermine the ability of municipal officials local and state governments under federal to protect the health, safety and welfare of civil rights statutes for violations of section their residents by diminishing local authority 704 of the Telecommunications Act of 1996. to manage public rights-of-way, to zone, to collect just and fair compensation for the use 4. Radio Frequency Radiation Emissions of public assets, or to work cooperatively The federal government has established with the private sector to offer broadband standards for radio frequency emissions. services. Regulation and oversight of basic Local governments must be permitted to telecommunication services are important monitor and enforce these standards. prerogatives for local officials to advance community interests, including the provision The increasing number of wireless sites in of high quality basic services that meet local communities has increased questions from needs and are available at affordable rates to citizens