Stop Big Government Takeover of Local Control

“If you have not yet heard, an HORRENDOUS Federal Bill, HR 3557, is working its way through Congress.

If passed, It would result in unrestricted proliferation of cell towers and small cell installations near schools, playgrounds, and homes with virtually no state, city, or community input. HR 3557 is “a giant giveaway to the rich and powerful wireless industry

…[and] shreds the concept of home rule in favor of top-down federal control.”  (Americans for Responsible Technology)

 

source : https://www.americansforresponsibletech.org/stop3557

(Apologies to those who live outside the US and are receiving this message as it does not pertain directly to you, although its outcome will be felt globally.) 
The time has come for us to join together and with a smile, compassion, and unyielding conviction oppose HR 3557. 
Dear Friends and Colleagues,

If you have not yet heard, an HORRENDOUS Federal Bill, HR 3557, is working its way through Congress. If passed, It would result in unrestricted proliferation of cell towers and small cell installations near schools, playgrounds, and homes with virtually no state, city, or community input. HR 3557 is “a giant giveaway to the rich and powerful wireless industry …[and] shreds the concept of home rule in favor of top-down federal control.”  (Americans for Responsible Technology)

 

A few days ago, a staffer in the office of one of the representatives noted they had received “just a handful of calls” opposing the bill. Someone from another office said she personally hadn’t received any calls. So clearly, we really need to get on it ASAP and spread the word BIG TIME!!
Below are a few shareable links that give an overview of HR 3557, and one action item courtesy of Children’s Health Defense.

1. Children’s health Defense has an overview and form with a message of opposition which can be sent automatically to your representative. (This action takes about 45 seconds.)

 

2. Americans for Responsible Technology has an overview of the bill and a 1 minute video by Doug Wood urging people to contact their elected representatives.

3. Wire America offers a more in depth view of the bill HERE.

BILL DETAILS

4. Talking points can be found HERE.

We urge all US citizens to contact your elected reps and let them know unequivocally that you strongly oppose this bill. And then SPREAD the word far and wide so our representatives in DC get sick and tired of hearing from us.

 

www.americansforresponsibletech.org/stop3557 

 

 

HR 3557 SUMMARY

This bill represents an unprecedented and dangerous infringement of local governments’ authority to manage public rights-of-way and land use; it strips local governments of property rights and monetary compensation in favor of cable, wireless and telecommunications providers. The bill also waives historic preservation (NHPA) and environmental (NEPA) rules. Yet in return for these gifts, the bill imposes no obligations on these companies to provide broadband to “unserved” and “underserved” Americans.  

​

WIRELESS INFRASTRUCTURE IS A LOCAL ISSUE
In the 1996 Telecommunications Act, Congress wisely granted local authorities control over how wireless technology is deployed in their communities. HR 3557 takes that control away and gives it to the federal government instead. This is an unprecedented federal takeover of local control.

 

HR 3557 IS UNNECESSARY

Wireless companies and site developers don’t like local zoning laws. They claim local authorities are getting in the way of progress. But In most communities, antenna applications are being routinely approved and antennas are being installed. Local authorities are only trying to prevent the reckless and uncontrolled deployment of wireless antennas in their communities.

HR 3557 FORCES QUICK DECISIONS

Antenna applications are complex documents, filled with propagation maps, engineering drawings, electrical diagrams, equipment descriptions, simulation photos, traffic flow plans, insurance certificates and other items required by local codes.

Each application and antenna location is unique, and proper analysis requires time and expertise.

​

HR 3557 forces local communities to quickly approve antenna applications; if time runs out, pending applications will be “deemed approved” and can be built, even without a permit. 

 

HR 3557 WILL NOT HELP CLOSE THE DIGITAL DIVIDE

Let’s be very clear about this: transmitting data wirelessly is an inferior technology not capable of providing the speed, security, low-cost and reliability required for full participation in the digital economy.  Wireless is no substitute for high-quality fiber-optic, wired broadband connections. 

Fast-tracking wireless connections will not necessarily deliver services to underserved and unserved communities and will not close the digital divide. In fact, it will only perpetuate it. We don’t need a second digital divide between those with access to high-speed internet and those stuck with wireless. 

HR 3557 GUTS ENVIRONMENTAL LAWS
Critical environmental and historic protections currently in place to protect our natural environment and historic areas from reckless and unwarranted placement of antennas will be eliminated. 

STOP THE BIG-GOVERNMENT TAKEOVER

HR 3557 is the worst kind of federal legislation – a giant giveaway to the rich and powerful wireless industry with no benefit to taxpayers. It shreds the concept of home rule in favor of top-down federal control. 

www.americansforresponsibletech.org/stop3557 

 

 

2023-07-21 Former FCC insider tells of “corporate capture”

 

 

https://wireamerica.org/hr3557/#compare

 

California

https://cal4safetech.org/hr-3557

https://legacy.usmayors.org/resolutions/91st_Conference/proposed-review-list-full-print-committee-individual.asp

 

Maryland

The following suggestions were offered by an EMF safety advocate in Maryland: 
 
Let all elected officials know that this bill is conspicuously hellbent on a heavy-handed and unprecedented federal overreach in the following ways:
  • essentially calls for federal preemption regarding communications infrastructure by cutting out local authority regarding facility sitings and cable franchises as if local regulation is a barrier to expansion of broadband technology  –– and imposes several new preemptions
  • authorizes the telcos to install facilities where they deem appropriate –– without regard to local ordinances and regulations, without regard to public safety, without regard to aesthetics and protection of public resources –– in effect, failing to preserve several historical sections of the Telecommunications Act
  • hands over property rights, right-of-ways, and land use controls and decisions to the federal government –– in effect, removing critical and reasonable local power and authority choices regarding public investment in –– and ownership of –– broadband infrastructure 
  • removes state or local government general authority regarding regulating the operation of wireless facilities –– in effect, reverting the 1996 TCA back to the 1995 Conference Report for the TCA 
  • jeopardizes public safety precautions and protections like safety laws or traffic control of the facilities “deemed granted” –– in effect, advocates for no applicant liability –– leaving local jurisdictions ‘on the hook’ for risk and harm to its first responders, its residents, its public resources (including the public rights-of-way)
  • exhibits no regard for a known lack of qualified personnel to process applications ––– in effect, promoting a wave-a-wand as an approval process 
  • narrows the timeframes that local governments have to consider application “requests” –– in effect, to expedite a “deemed granted” agenda; also induces incomplete applications via unrealistic deadlines for citing facilities including, but not limited to the following -– when, in fact, timely consideration regarding applications for federal easements, rights-of way, and leases for a communications facility installation is 270 days:
    • 60 days if the request is for authorization to place, construct, or modify a small personal wireless service facility -– with 10 days to act regarding an initial incomplete and also a supplemental incomplete request
    • 30 days if the request is for authorization to place, construct, or modify a personal wireless service facility that is not a small personal wireless service facility –– with 30 days to act regarding an initial incomplete request
  • essentially eliminates NEPA and NHPA reviews
  • bans moratoria on timeframes to place, construct, or modify a telecommunications service facility or equipment –– or consider franchise requests
  • virtually makes any local government decision not to allow the installation of a proposed wireless facility at a provider’s request a “prohibition” preempted by federal law
  • mercilessly favors wireless deployment -– and creates barriers for deployment of wireline facilities
  • makes the FCC the reviewing body (versus a local federal district court) for wireless facility application challenges to local government decisions
  • leaves the local jurisdictions with the burden of justifying their fees by using a complex, burdensome rate-making formula –– even though members of Congress (who have not served municipal government, mind you) have raised concerns that local government oversight will slow or increase infrastructure deployment cost; also diminishes local authority to determine appropriate and fair compensation
  • fails to keep crucial functions of telecommunications permitting and franchising in the deserving hands of local governments who are best suited to meet their community interests and specific needs regarding telecommunications permitting and franchising for broadband deployment 
  • ignores any obligations for providers to serve the “unserved” and “underserved” –– all the while inducing inevitable consequences like local government costs and taxpayer burdens
  • limits abilities of state and local franchise authorities to negotiate and renew cable franchise agreements -– and prohibits revocation of cable franchise agreements –– in effect, restricting the ability of state or local franchising authorities regarding public, educational, and government channel capacity and facilities, customer service requirements, and system build-out requirements
The bill is opposed in a joint letter by the National League of Cities (NLC), the United States Conference of Mayors (USCM), the National Association of Counties (NACo), the National Association of Telecommunications Officers and Advisors’ (NATOA) –– as well as the Alliance for Community Media (ACM), the Maryland Association of Counties (MACo), and the Jersey Access Group (JAG).