HomeMy WebLinkAbout20210506_SB 556_ Telecommunication Right of WayCity of San Luis Obispo, Office of the City Council, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7114, slocity.org
May 6, 2021
The Honorable Ben Hueso
Chair, Senate Energy, Utilities, and Communications Committee
State Capitol Building, Room 4035
Sacramento, CA 95814
RE: SB 556 (Dodd) Street Light Poles, Traffic Signal Poles, Utility Poles, and
Support Structures: Attachments.
Notice of OPPOSITION (As Amended 03/16/21)
Dear Senator Hueso:
The city of San Luis Obispo must respectfully oppose SB 556 (Dodd), related to wireless
broadband infrastructure deployment.
SB 556 directly conflicts with the Federal Communications Commission's (FCC) adopted
regulations on wireless services deployment, which cities and counties across the nation are
actively implementing. This measure requires local governments to make space available to
telecommunications providers without recognizing local authority to manage the public right-
of-way preserved in federal law. FCC regulations explicitly enable local governments to
ensure that such installations meet appearance and design standards, maintain traffic safety,
protect historical resources' integrity, and safeguard citizens' quality of life. To protect the
public's investment, control of the public right-of-way must remain local.
Additionally, SB 556 creates ambiguity in the fees local governments may charge for access
to their infrastructure. Federal law explicitly outlines conditions for valid fees, limiting fees
to a "reasonable approximation of the local government's actual and direct costs," including
costs to maintain a structure within the right-of-way, process an application or permit, and
review a siting application. SB 556, on the other hand, does not utilize these federal standards,
but instead, restricts fees to "actual cost" and "reasonable actual cost." If the goal of SB 556
is to incorporate the existing FCC orders into state law, there should be no added ambiguity
created by changes from what was already decided at the federal level.
SB 556 is an attempt by the telecommunications industry to undermine local authority while
making no meaningful progress towards closing the digital divide in California's unserved and
underserved communities. As previously mentioned, cities and counties across the nation are
implementing the FCC's orders. If California is to close the digital divide, legislative efforts
should focus on encouraging and incentivizing telecommunications companies to service
areas that for too long have not had access to reliable and affordable internet.
While the city of San Luis Obispo stands ready to work with the Legislature to further the
state's broadband goals, SB 556 conflicts with the ability of local authority to manage the
right-of-way and comply with existing FCC decisions. For these reasons, the city of San Luis
Obispo opposes SB 556 (Dodd).
Sincerely,
Heidi Harmon
Mayor
City of San Luis Obispo
cc:
San Luis Obispo City Council
The Honorable Bill Dodd
State Senator John Laird, fax (916) 651 – 4917
State Assembly Member Jordan Cunningham, fax (916) 319-2135
Dave Mullinax, League of California Cities, dmullinax@cacities.org
Meg Desmond, League of California Cities, mdesmond@cacities.org
League of California Cities, cityletters@cacities.org