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ATTACHMENT 2 Tri-Valley Cities DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON February 13, 2019 The Honorable Frank Pallone, Jr. The Honorable Greg Walden Chairman Ranking Member House Committee on Energy and House Committee on Energy and Commerce Commerce 2125 Rayburn House Office Building 2322 Rayburn House Office Building Washington, DC 20515 Washington, DC 20515 The Honorable Michael Doyle The Honorable Robert E. Latta Ranking Member Ranking Member House Energy and Commerce House Energy and Commerce Subcommittee on Communications and Subcommittee on Communications and Technology Technology 306 Cannon House Office Building 2467 Rayburn House Office Building Washington, DC 20515 Washington, DC 20515 Chairman Pallone, Ranking Member Walden, Chairman Doyle, and Ranking Member Latta: On behalf of the Tri-Valley region, we write to express our support for H.R. 530, which would nullify recent actions by the Federal Communications Commission (FCC) that constrict local authority in pursuit of the expansion of wireless infrastructure. In August and September 2018, the FCC adopted regulations limiting the authority of cities and states to regulate wireless technological attachments to public infrastructure, like street light and utility poles, needed for the deployment of 5G. These regulations compel local governments to permit access to publicly owned infrastructure with set time limits as low as 60 days to conduct all necessary inspections and authorize proposals. Additionally, their limitation on fees and rates to direct and actual costs strips municipalities of the ability to analyze and identify the cost-benefit of this technology to its residents. The FCC's actions prevent even reasonable local environmental and design review, and drastically limit common-sense requirements to include our constituents in the approval process and allow us to protect our community. The actions upend local authority in the name of expediting corporate technological expansion. We share the FCC's goal of ensuring efficient, safe, and appropriate deployment of new broadband technology, but co-opting local infrastructure without local permission is the wrong solution. The State of California considered similar legislation (Senate Bill 649) two years ago. The bill received widespread opposition from local jurisdictions, and though the state legislature passed it, Governor Brown vetoed the bill. It has not been reintroduced since. California cities like ours understand that we cannot adequately govern if essential local decisions are outsourced to corporations who are not accountable to our residents. Local governments should have the time and flexibility to ensure that small cell wireless infrastructure is deployed safely and correctly in our communities. Since the FCC's regulations took effect on January 14, 2019, cities have already begun to feel their effects. There is no time to waste. We urge you the Committee to advance H.R. 530 and