“Rebuilding Infrastructure in America: Investing in Next Generation Broadband.”
Good morning, Chairman Wicker, Ranking Member Schatz, and members of the Subcommittee. I am
I currently serve as Chair of
I want to thank Senators Thune and Nelson for inviting me here to share some perspective from city leaders across the country. I'd also like to thank the Subcommittee for calling attention to the importance of broadband deployment. I particularly want to thank the members of this subcommittee for their work to advance the dig once language currently included in the
I also want to recognize my fellow local elected officials here today. We are in
Cities Want and Need Broadband, But Obstacles Remain
City officials continue to work with our private, state, and federal partners to close the digital divide and provide the remaining disconnected 10 percent of Americans, including 39 percent of Americans living in rural areas, with access to the
Cities, perhaps more than any other level of government, understand the absolute necessity of reliable, affordable broadband for our residents and businesses. Local officials are keenly aware of the broadband gaps in their communities, driven by a lack of infrastructure investment by the private sector and broadband options that are far too costly for many residents and businesses. We are also aware of the public need for broadband, as human resources, utilities, city clerks, parks and recreation, and as we just saw only twenty miles from
Despite the diligent efforts by communities across the country, these gaps in service persist and are increasing. If our goal is to ensure that all Americans have access to reliable, affordable broadband services, states and the federal government are not adopting appropriate actions consistent with that policy. I appreciate the opportunity to share with you reasons why most Americans do not have appropriate access to affordable broadband, from our local government vantage point, and offer some solutions.
* Preemption of Local Investment - In many states and in many
Many local governments have heard their residents' complaints and attempt to address the lack of affordable, reliable broadband either on their own with public municipal broadband networks, or by pursuing public-private partnerships. Mayors are good at getting things done. However, once again, we are preempted by industry-backed state laws that not only prohibit local governments from offering broadband, but some that require local governments that have already built taxpayer-funded networks to shut them down.
* Lack of
* Our Forsaken
While my home in
* Financial Issues - Even in neighborhoods with broadband infrastructure, high rates can keep families from getting and maintaining a subscription. Increased housing, medical, and educational costs make it difficult for many households to budget for broadband, despite its importance. The public libraries in my area are packed after school with children looking for a place to do their homework, since they do not have broadband access at home. While teenagers live on their smart phones, despite what the
While we are on the subject of money, the wireless broadband industry has been successful in getting taxpayers to subsidize the industry's access to public assets and rights-of-way. For example, in
Also, around the country, the industry has lobbied for State legislation - and is pushing soon to be released
* Preemption of Local Authority Over Small Cells Is Not a Silver Bullet - While wireless providers have touted the potential of 5G, it is important to keep in mind the realities of prospective 5G networks, and the limitations of the technology. 5G deployment will not be a panacea for digital inequity in
Policy Recommendations for the Subcommittee
As the subcommittee works to promote the advancement of next-generation technology, I hope that you will also maintain focus on a core goal of ensuring that all Americans have reliable access to affordable, truly high-speed broadband. To further that goal, NLC has proposed a number of actions the federal government can take to increase broadband availability, affordability, and adoption.
* Work in Partnership with Local Governments -
One local official, Mayor
*
The federal government should understand that even if it adopts the industry's recommendations and preempts local governments further, cities and counties will not sacrifice residents' and businesses' health, safety and welfare by allowing infrastructure where it does not belong. Years of litigation is certainly not a good broadband policy. We best understand our communities' needs and concerns. It is foolish to try to develop national regulations for deploying broadband infrastructure without local governments having a seat at the table.
* Strengthen Existing Federal Programs to Expand Broadband Access - As this Committee and others work to invest in broadband infrastructure, I encourage you to focus your efforts on strengthening existing federal programs that work. Programs should be improved and updated, rather than eliminated or replaced with new systems. Every federal grant or loan comes with a certain amount of application and compliance work for eligible cities, and leveraging existing programs streamlines the process by allowing communities to use the programs they already know how to manage. For example, the Community Development
* Tackle Federal Barriers to Infrastructure Deployment - I thank the Subcommittee members for their efforts in directly addressing federal barriers to broadband infrastructure deployment. In particular, passage of the bipartisan MOBILE NOW Act and the dig once provision within the recently-passed
NLC also encourages
* Allow Local Governments to Use Every Tool in the Toolbox - We need every tool in the toolbox to ensure our residents can have access to affordable, modern broadband and do not wind up subsidizing the provider and infrastructure industries without obtaining significant benefits in return. That means allowing local governments to implement innovative policies like touch-once, which minimizes the time and disruption necessary to add new broadband providers to existing utility poles.
Cities also need the freedom to develop municipal broadband networks, if appropriate, without outright or effective preemption that limits competition. Smaller and rural communities that have successfully developed partially or wholly publicly owned networks have found this option to be a critical lifeline in a market where private providers cannot realize a high return on investment. As broadband has become a necessary component for cities to retain talent and attract business, denying them this option ensures that they will continue to experience "brain drain" and fewer economic opportunities. Furthermore, if the Administration and
* Require Responsible Industry Practices
Utility Responsibilities
Utilities such as electric and gas do not enjoy the kinds of taxpayer subsidies demanded by the wireless industry. While electric utilities enjoy access to public rights-of-way, that access comes with costs and obligations. These include permitting fees, payment for access to public property, and obligations to provide certain levels of service to everyone - even in unprofitable neighborhoods. Those utilities are also obligated to partner closely with local governments during emergencies, and to repair any damage in a timely fashion.
The
Emergency Preparation and Recovery
We also learned a lot this year from the horrible storms that struck
Also, unlike electric utilities, such companies continue to charge when they do not deliver service after a hurricane unless the customer requests a credit, which residents found absolutely appalling. Wireless providers were nowhere to be found. With no power for towers, many communities reached out for Cells on Wheels powered by generators, but the industry was absent from recovery efforts. Perhaps
Rights-of-way Repair
Virtually all local governments have also had their rights-of-way and other utilities within the rights-of-way damaged by the communications industry, from the smallest cable installers to the largest incumbent providers. This is just the side effect of performing construction in the rights-of-way. However, without the proper authority to require repair and restoration, our communities suffer from unchecked water, sewer and gas leaks, and interference with access to transportation and businesses. Local governments throughout the country require security funds, insurance, and bonds to ensure that rights-of-way and utilities are properly repaired after damage. Nonetheless, it is difficult to get these companies to do the right thing. When a contractor for
Conclusion
On behalf of NLC and the
Thank you, and I look forward to any questions you might have.
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Read this original document at: https://www.commerce.senate.gov/public/?a=Files.Serve&File_id=4E9BF687-F7C7-446F-91F8-D929F8B3FB99
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