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Cities Will Sue FCC To Stop $2 Billion Giveaway To Wireless Carriers (arstechnica.com)

Cities are planning to sue the Federal Communications Commission over its decision to preempt local rules on deployment of 5G wireless equipment. From a report: Seattle Mayor Jenny Durkan and City Attorney Pete Holmes yesterday said their city intends to appeal the FCC order in federal court. Seattle will be coordinating with other cities on a lawsuit, they said. "In coordination with the overwhelming majority of local jurisdictions that oppose this unprecedented federal intrusion by the FCC, we will be appealing this order, challenging the FCC's authority and its misguided interpretations of federal law," they said in a press release.

The FCC says its order will save carriers $2 billion, less than one percent of the estimated $275 billion it will take to deploy 5G across the country. In Oregon, the Portland City Council voted Tuesday to approve a lawsuit against the FCC, The Oregonian reported, saying the move "added Portland to a growing list of cities, primarily on the West Coast, that are preparing to fight" the FCC order. East Coast cities including New York City and Boston have also objected to the FCC decision. As we've previously reported, the FCC order drew opposition from rural municipalities as well.

71 comments

  1. Seattle: we fight and Win! by WillAffleckUW · · Score: 1

    Release the Kraken!

    (that's our new NHL team)

    --
    -- Tigger warning: This post may contain tiggers! --
  2. Giveaway is actually a shakedown by Anonymous Coward · · Score: 1

    Cities are shaking down carriers that put equipment on their streetlights, poles, etc. The FCC put a stop to this to make it a reasonable amount and now cities are crying that it's a "giveaway". The FCC wants it to be $100 for applications and $270 per year. Some cities in Oregon charge $3,000.

    1. Re:Giveaway is actually a shakedown by Anonymous Coward · · Score: 0

      Oh boo hoo.
      Who owns and maintains those poles?
      When the telcos want to buy the land and put up and maintain their own damn poles they can stop bitching.

      5G is a total bullshit ploy to move everyone away form wires to wireless that were exempt from the previous NN rules.
      The telcos desperately want to stop maintaining the wires going into peoples' houses to push them on to much more expensive cell plans.

      They took $200B in the '90s to wire up everyone with fiber and pocketed it as profit and did nothing.

      Fuck 'em.

    2. Re:Giveaway is actually a shakedown by greenwow · · Score: 1

      > Some cities in Oregon charge $3,000.

      Wow. I wonder what Seattle charges since fast Internet access is so spotty here. An apartment building I lived in fought for over a decade to get just TV cable installed. The service was underground, so of course that takes a lot longer than just renting space on a pole, but that's still ridiculous.

    3. Re:Giveaway is actually a shakedown by Anonymous Coward · · Score: 0

      > Who owns and maintains those poles?

      But who owns the land those poles are on? It's the public and private owners that have no choice but to allow them. That is why we should allow power companies and telcos that have government-granted monopolies block access to them. I've got two ugly poles in my backyard and one in my front yard, but so far Comcast has been blocked from using them to provide service to my neighborhood. Our HOA even hired an expensive lawyer about a decade ago to try to get us cable. We still don't have it.

    4. Re:Giveaway is actually a shakedown by rickb928 · · Score: 2

      Around here the telcos rent space on poles erected by municipal-owned electric utilities, but where I used to live those poles were in fact paid for and installed by the private monopoly utilities. They 'leased' rights fo way on otherwise public land, or came to agreements on private land.

      This is first an overreach by the FCC to try and drive costs down for providers, in a way that actually need not be done.

      Secondly, though local governments are not going to let revenue be denied to them.

      Great stuff, let's all grab the popcorn and watch who gets the power to screw us. Again. 'Cause we are getting screwed here, somehow, by someone, no matter how this goes.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    5. Re:Giveaway is actually a shakedown by WillAffleckUW · · Score: 1

      No free ride for you!

      Tough cookies, Comrade!

      --
      -- Tigger warning: This post may contain tiggers! --
    6. Re:Giveaway is actually a shakedown by Skuld-Chan · · Score: 4, Insightful

      If the city owns the poles why should the federal government be allowed to dictate the rental price?

    7. Re: Giveaway is actually a shakedown by Anonymous Coward · · Score: 0

      This.

    8. Re:Giveaway is actually a shakedown by easyTree · · Score: 1

      What's more important, you having internet or the executives and investors of these companies having hookers and blow on tap without feeling out of pocket?

      Stop being so demanding!!

      Jeez, kids these days.

      GOMDL.

    9. Re:Giveaway is actually a shakedown by Anonymous Coward · · Score: 0

      > Wow. I wonder what Seattle charges since fast Internet access is so spotty here.

      When people say this, I always wonder what part of the city they live in. My area has access to both Comcast and Centurylink (which now has gigabit service). Yet there's still parts of the city on DSL?

    10. Re:Giveaway is actually a shakedown by easyTree · · Score: 1

      Be.....cauuuuuuse..

      they have more guns and therefore 'authority ?'

    11. Re:Giveaway is actually a shakedown by Anonymous Coward · · Score: 0

      I don't know if it's the same where you live, but everywhere I've lived that strip of land between the sidewalk and street where the poles are is not yours, it's owned by the city and you are required to maintain it via city bylaws.
      Are those poles in your back yard actually on your land? What does the contract you signed when you bought the place say?
      As for the HOA, they are blight on civilization and you get what you deserve for buying a place under the control of one.

    12. Re:Giveaway is actually a shakedown by Anonymous Coward · · Score: 0

      > As for the HOA, they are blight on civilization

      Yes, they're just terrible for trying to get us cable. Or for maintaining the nice neighborhood playground. Or for making the entrance look nice.

    13. Re:Giveaway is actually a shakedown by greenwow · · Score: 1

      http://imgur.com/WgSvnA5

      Saved a link to that screenshot a while ago. Shows 1.5 Mbps to that address in the city limits of Seattle in the U District. I have several coworkers still on dial-up since they can't get even slow DSL that's reliable.

    14. Re:Giveaway is actually a shakedown by Anonymous Coward · · Score: 0

      The other thing this would do is provide uniformity so its easier to know how to comply with the law everywhere you plan to put in the hardware. When you deal with a hodgepodge of rules across the country you have to hire legions of lawyers and compliance personnel just to know how to work with each location. That additional bureaucracy at both the local government and in the telco is just an extra cost that has to be absorbed by tax payers and consumers. (Which usually are the same people). Yes, neither is going to pass the savings along to the consumer immediately. But, if a little bit of that expense gets knocked out everywhere taxes and prices shouldn't go up quite as much as they otherwise would.

    15. Re:Giveaway is actually a shakedown by mysidia · · Score: 2

      Cities are shaking down carriers that put equipment on their streetlights, poles, etc. The FCC ....

      The point is that the control of these poles is the right of local government the FCC's role is to regulate radio, carriers, and telecom services: No authority to force local governments to make land, poles, and other facilities available for use by carriers at cheap economical rates. The FCC has absolutely zero authority to require a city to sign a lease or a contract or limit what can be negotiated and paid on a lease/contract to allow the use of some of their land or fixtures for small cells --- frankly, waiting until multiple carriers want to do small cells and auctioning choice locations to the highest bidder seems like it should benefit the cities most.

      The FCC makes an extreme overreach trying to interfere with cities' property rights and the rights to charge whatever fees and taxes need to cover the related expenses, raise revenue, discourage waste of scarce public rights of way, and promote the aesthetics they want for their cities.

      The FCC wants it to be $100 for applications and $270 per year. Some cities in Oregon charge $3,000.

      Those applications will likely require more than $100 a piece just to review. That's what you call ridiculously one-sided against the public interest in favor of the carriers.
      How about $270/Year + 25% of the revenue generated by every subscriber connecting to that device.

      $3000 to use a fixture in a crowded area is a reasonable price to pay in many cases; considering they are multi-billion$$$ carriers and will generate that much or more in revenue for using the location for a single month, just from the data plan fees cellular companies charge.

    16. Re:Giveaway is actually a shakedown by Anonymous Coward · · Score: 0

      There just aren't enough phone central offices in Seattle to support DSL due to distance limitations. A friend that worked for Qwest showed me a service map a few years ago, and there's a lot of areas, especially near water, that are pretty far from a CO. From the map, it looked like it wouldn't be cost effective to add a CO since a good portion of the radius around it would be water thus no customers. The strange shape of the city hurts just like it does with roads.

    17. Re:Giveaway is actually a shakedown by Anonymous Coward · · Score: 0

      Shit that you as a landowner are too fucking lazy to do, eh?

      That's why HOAs and people like you are utter shit. You exemplify laziness and grift.

    18. Re:Giveaway is actually a shakedown by cmdr_klarg · · Score: 1

      Maybe it's just me, but I'd MUCH rather have my local government get that revenue instead of some giant corporation.

      I might actually benefit from the town getting some money to spend here.

      --
      THE SOFTWARE, IT NO WORKY!!!
    19. Re:Giveaway is actually a shakedown by Anonymous Coward · · Score: 0

      >considering they are multi-billion$$$ carriers

      this is the "shakedown" logic at work: "you're rich. you can afford it.". This just means higher fees for everyone and poorer coverage. Not only that, but one carrier will "bribe" the right local government people and ensure they pay less or have exclusive coverage. It's why cable companies have monopolies instead of the wiring being a public utility.

      What's great is that you probably whine in other threads about how korea or finland have great internet, and yet those countries did the exact same thing with the federal government just pushing cities around. You've probably even stomped around and demanded a federal internet utility.

    20. Re:Giveaway is actually a shakedown by Anonymous Coward · · Score: 0

      This goes back to my post about 5G being a bullshit ploy to get everyone off of wires and on to cell data.
      They won't properly maintain or upgrade the copper when it's much more profitable to get them tied in to long-term cell data contracts.

    21. Re:Giveaway is actually a shakedown by Anonymous Coward · · Score: 0

      The actual reason they're up in arms over the site costs is 5G has shit range and there will need to be a metric shit-ton of base stations.

    22. Re:Giveaway is actually a shakedown by commodore64_love · · Score: 2

      I'd rather my local government have its revenue per cell transmitter dropped from ~3000 downto $270....... and then my G5 cellular bill will be lower in price too. (Also I can dump the overpriced Comcast monopoly for G5 instead.)

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    23. Re:Giveaway is actually a shakedown by commodore64_love · · Score: 2

      The 1930s Supreme Court already ruled Congress can set the prices on good that "affect interstate commerce" such as the price of wheat, eggs, milk. Eventually that was expanded to include Broadcast Radio, Cable TV, and now internet cellular transmitters.

      Welcome to the world of centralized government.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    24. Re:Giveaway is actually a shakedown by Anonymous Coward · · Score: 0

      AWe you are so cute. You think those savings will lower customer bills? You must believe in trickle down economics too.

    25. Re:Giveaway is actually a shakedown by Anonymous Coward · · Score: 0

      Yet everyone wants faster cheaper internet. How do you not see the circular logic(or lack there of) in your statement.

    26. Re:Giveaway is actually a shakedown by Areyoukiddingme · · Score: 1

      Yet everyone wants faster cheaper internet.

      In what fantasy world do you live in where cellular Internet access is ever faster or cheaper?

      Hell, even SpaceX's Starlink should be a completely nonviable service. You can not violate the laws of physics. There's only so much spectrum, but vast amounts of fiber can be buried. If US ISPs weren't such an utter shitshow, Starlink would have no market. And I mean none, not even in rural areas, which could have fiber to the premises the same way they have electricity to the premises, except the ISPs managed to take the huge tax breaks while not building out at all because the law didn't include penalties for that failure. Nothing like writing your own tax break law.

    27. Re: Giveaway is actually a shakedown by Anonymous Coward · · Score: 0

      It seems to me that a variant of trickle down is the naive belief by some people that if we give our money to a big Federal state it will trickle back to us locally.

    28. Re: Giveaway is actually a shakedown by Anonymous Coward · · Score: 0

      In what fantasy world do you live in where cellular internet hasn't continually been growing cheaper? Do you work for one of the established ISPs? Why are you afraid of change?

    29. Re:Giveaway is actually a shakedown by BlueStrat · · Score: 1

      If the city owns the poles why should the federal government be allowed to dictate the rental price?

      Well, let's look at that.

      What are on the poles besides power? Cable carrying data.

      What's in this data? All sorts of communications, both private and commercial, including financial transactions.

      Is all this commerce, commercial transactions, and private personal communications limited to within city limits or even State borders? No, it spans all States and even international borders.

      What part of government regulates interstate and international trade, communications, monetary transactions, and commerce?

      The Federal government.

      Basic Civics is FUN!

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    30. Re:Giveaway is actually a shakedown by kenh · · Score: 1

      The FCC set the lease prices RBOCs (Regional Bell Operating Companies) could charge competitors to lease their DSLAM ports and other network elements, in fact it required them to make this hardware available to their competitors - they had no choice.

      I suspect this falls under the same legal authority.

      --
      Ken
  3. Had to dig to find this by Anonymous Coward · · Score: 1

    The FCC order suggests up-front application fees of $100 for each small cell and annual fees of up to $270 per small cell. Cities that charge more than that would likely face litigation from carriers and would have to prove that the fees are a reasonable approximation of all costs and "non-discriminatory." Portland typically charges $3,000 per year, The Oregonian report said.

    Some cities charge different rates in different areas to encourage deployment. New York City, for example, charges as little as $148 per month in underserved areas and $5,100 in parts of Manhattan, a Bloomberg story said.

    So, if they charge more than a token fee, the city has to show that they charge that to everyone. I don't see how the NYC example is relevant. I suppose some people are arguing that geographic pricing models can be argued as discriminatory with respect to the companies trying to install infrastructure because reasons.(?)

    1. Re: Had to dig to find this by Anonymous Coward · · Score: 0

      Oddly, the wireless carriers are the ones who insist on not being able to serve BoDunk because the damn costs are too high while Manhatten they fawn over.

      Huh.

  4. calling all Antifa... by js290 · · Score: 0
    Preempting local rules sounds pretty fashy...

    The opposite of fascism isn’t a democratic form of socialism; it’s localism.

    — Nassim Nicholas Taleb (@nntaleb) June 2, 2018

    --
    "Tempers are wearing thin. Let's just hope some robot doesn't kill everybody." --Bender
    1. Re:calling all Antifa... by Anonymous Coward · · Score: 0

      go away IVAN

  5. It's not a "giveaway". It's a tax/fee limit. by Anonymous Coward · · Score: 1

    The idea is that it will prevent local governments from abusing their power by gouging the deployment of 5G. (A.K.A. The "leaving town tax" from The Simpsons.)

    Are the fees/taxes that bad? I have no clue. Will the existence of them raise/lower subscriber prices? Probably not.

    But I don't know if it's not unprecedented. The FCC already has rules that apartment complex/HOAs (and probably local governments) can't block satellite use. This may be in their wheelhouse.

  6. Re:It's not a "giveaway". It's a tax/fee limit. by Anonymous Coward · · Score: 0

    The article points out that some cities use them to incentivize carriers to deploy in underserved poor areas. Further, the FCC is also limiting the ability of cities to set aesthetic requirements.

  7. " F.C.C. " by Anonymous Coward · · Score: 1

    Federal Cunts and Cocksuckers?

    1. Re:" F.C.C. " by Anonymous Coward · · Score: 0

      Those insults are misogynistic and homophobic, respectively. Report to your local Social Justice Corrections Center immediately for reeducation.

    2. Re:" F.C.C. " by Anonymous Coward · · Score: 0

      Those insults are misogynistic and homophobic

      And, coincidentally, completely accurate too!

    3. Re:" F.C.C. " by Anonymous Coward · · Score: 0

      Those insults are misogynistic and homophobic, respectively.

      I'm quite sure no respect was meant or conveyed by that poster.

  8. This is proof that itâ(TM)s good for the peop by rwrife · · Score: 2

    If politicians donâ(TM)t like it, then you know itâ(TM)s good for the people.

  9. $275 billion by Anonymous Coward · · Score: 1

    WTF? That's about $1000 per customer. How much are people paying for their mobile plans? Wireless carriers will have barely made this money back and it will be time to roll out 6G.
    $275 billion divided by 40 thousand cellphone towers = $6.875 million per cellphone tower.
    And this is just an upgrade right???

    1. Re: $275 billion by Anonymous Coward · · Score: 1

      The range of 5g is ridiculously short. They are going to need to add new micro towers at least every quarter of a mile. 5g is fast because of the spectrum but the range is very short.

    2. Re: $275 billion by Anonymous Coward · · Score: 0

      So it sounds like a mesh technology, in some ways. When 5g saturates high density areas what will the established businesses (the luddites) do? They are probably right from their POV to 'smash the looms'/'block the antennas'

  10. Love the misrepresentation... by bblb · · Score: 1

    It's funny how blocking $2 billion in extortive fees from local legislatures in favor of technological progress is reworded to be a "$2 billion giveaway". This is nothing but protecting technology from being disrupted by a cash grab from local legislatures. Pretty sure folks in rural areas without access to high speed internet would much rather have that access than see their representatives line their pockets.

    1. Re:Love the misrepresentation... by davek · · Score: 0

      Consider the source. They have their agenda and they will achieve it. Facts be damned.

      --
      6th Street Radio @ddombrowsky
    2. Re:Love the misrepresentation... by dryeo · · Score: 1

      Do you really think the carriers are going to put a cell tower at the end of every driveway in rural America, even if access to the poles was free?
      5G has a range of not much more then a thousand feet, at least at the frequencies (24-86 Ghz) needed to do much better then 4G.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
  11. can we stop editorilaizing the headline, please? by davek · · Score: 2, Informative

    Does the FCC call it a "giveaway to wireless carriers?" If not, why are you injecting your bias into the headline instead of reporting the facts?

    --
    6th Street Radio @ddombrowsky
  12. Read the Article, Not a $2 billion giveaway... by GregMmm · · Score: 2, Informative

    This has nothing to do with a giveaway to any telecom. Stupid title. It's fixing the price of new cell deployments. Oh I get it. Since some cities have been milking this for fat coin, of course they will sue. Wonder why you don't have so many towers? Annual license fees $3k in Portland per small cell? And the FCC wants to limit that to $270?

    Sounds like a win for who? The consumer. Thanks for the lawsuit, Seattle. Again, more tax money wasted.

    Also, 60 to 90 days to act to a new application? Let me guess, it take longer than 90 days, say a lot longer. Cities, how about you speed things up a bit.

    Just a look from the other side.

    1. Re:Read the Article, Not a $2 billion giveaway... by commodore64_love · · Score: 3

      Liberals always use the word "giveaway" even if it's applied to Citizens, and even if it means "you pay less taxes or fees". Being allowed to keep more of your money is NOT a giveaway. It's letting you keep the money you labored to earn.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    2. Re:Read the Article, Not a $2 billion giveaway... by commodore64_love · · Score: 2

      P.S.

      And of course the "technical people" at Ars Technica are completely in favor of letting cities charge upto $3000 per small cell.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    3. Re:Read the Article, Not a $2 billion giveaway... by commodore64_love · · Score: 3

      From Ars Technica: "We don't need spotty 5g in the world's most densly populated urban areas that use the same hard lines as their 4g predecessor. We need better 4g coverage overall, and better support for the 4g lines in place."

      Ugh. A so-called technical person who is actually a Luddite.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    4. Re:Read the Article, Not a $2 billion giveaway... by Anonymous Coward · · Score: 0

      >Liberals always

      Wow, only two words in an I already know enough to discount the rest of your post.

      Protip, if you're the kind of person who uses the construction "(Group) always/never", there's a *really* high chance that people are going to think you're a uncritical partisan.

      CAPTCHA: inferior... heh

    5. Re:Read the Article, Not a $2 billion giveaway... by commodore64_love · · Score: 2

      When a tree falls in the woods, does anyone hear it? When Anonymous Cowards speak, does anybody hear them?

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    6. Re:Read the Article, Not a $2 billion giveaway... by Anonymous Coward · · Score: 0

      When Anonymous Cowards speak, does anybody hear them?

      *looks at the person you are replying to, sees that they are also an Anonymous Coward.*

      So not only did you just prove that the answer is yes, the fact that instead of just ignoring them you felt the need to reply with what was equivalently "no one is listening to you" proves that you are afraid of what they said.

  13. Re:can we stop editorilaizing the headline, please by Anonymous Coward · · Score: 0

    Does the FCC call it a "giveaway to wireless carriers?" If not, why are you injecting your bias into the headline instead of reporting the facts?

    This is Slashdot - WTF were you expecting?!?

  14. Re:can we stop editorilaizing the headline, please by willaien · · Score: 1

    So, what if a company puts out a PR piece, do we have to use their language when discussing the company, because they're calling it that?

    No. The summary is using a paraphrased version of the Article's title (which you would know if you RTFA)

  15. Re:can we stop editorilaizing the headline, please by davek · · Score: 1

    Yes. Misrepresenting someone's argument in order to attack it is called the "Straw-man" fallacy.

    I also know that the /. headline is simply parroting the ars one. However, just because ars is a hopelessly biased opinion source, doesn't mean that slashdot needs to be also.

    --
    6th Street Radio @ddombrowsky
  16. Re:can we stop editorilaizing the headline, please by willaien · · Score: 2

    Well, you seem to believe that we should portray things as the organization doing it does. The FCC is not doing this in an attempt to help bring the internet to more people, they're doing this because Pai is an industry insider. The FCC is fully captured as a regulatory agency by the industry it's supposed to regulate.

  17. If it's only 1% of the cost, why remove it? by Anonymous Coward · · Score: 0

    It's a rounding error. Meaningless. The only reason to forbid that 2billion is if it is a significant figure in at least some places.

    Of course, it DOES look like this is a method to "get back at" the states that didn't vote for trump. But I'm sure it's just a coincidence...

  18. Wrong. The states have more guns. by Anonymous Coward · · Score: 0

    The federal only has the army and federal agencies that are armed.The states have all the people who have guns that aren't in those jobs.
    States win.

  19. Re:can we stop editorilaizing the headline, please by commodore64_love · · Score: 3

    A proper non-biased headline would be: Cities Will Sue FCC to Protect $2 Billion in Lost Cellular Taxes

    because that's what is ACTUALLY happening. Nobody is "giving" money to the corporations, like handing money to a bum on the street. Instead the FCC is reducing the Local Tax downto $270 per cell transmitter..... the end.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  20. Re: Walk Away from CoCs by Anonymous Coward · · Score: 0

    Together in solidarity we are irreplaceable. Hate filled fake-progressive corporate tools may rape our projects and pillage our work. But you do not have our consent.

    We are already walking away.