WASHINGTON-Key House and Senate lawmakers last week signaled plans to address antenna siting moratoria in 911 legislation this year, setting up a showdown with competing bills in what appears to be a retreat by the wireless industry from its unsuccessful campaign to win sweeping federal pre-emption of local zoning regulations.
On a broader scale, Commerce Committee Chairman John McCain (R-Ariz.) is laying the foundation to rewrite the 1996 telecom act through bills on 911-antenna siting, local competition, Bell long-distance entry, the Internet and video competition this year.
McCain also plans to examine increased wireless rates resulting from the government mandate to connect schools, libraries and rural health-care facilities to the Internet with industry subsidies required under the telecom act’s expanded universal service program.
The wireless industry’s strategy shift would allow it to sidestep a bloody battle with a grassroots coalition of home owners, environmentalists and organized labor during an election year-a fight the industry lost last year-and instead take a pro-active stance toward siting by couching the debate in terms of public safety.
“Millions of Americans are now living in areas where local officials have erected moratoria on new wireless antenna siting. Unfortunately, blocking the siting of new antennae can be a very real barrier to a wireless phone user from reaching emergency services or placing other important calls,” said Thomas Wheeler, president of the Cellular Telecommunications Industry Association.
While the lack of uniformity has impeded subscribers’ abilities to make emergency calls on cell phones, some wireless firms block 911 calls as a matter of competitive policy.
For sure, the wireless industry has powerful lawmakers in its corner in McCain and House telecommunications subcommittee Chairman Billy Tauzin (R-La.).
In his bill, McCain wants to bring uniformity to wireless 911 access and to develop a process to resolve local tower siting disputes that have arisen with the introduction of personal communications services and the expansion of existing cellular telephone networks.
McCain plans a hearing April 2 on the two issues.
“We couldn’t agree more with Chairman McCain’s efforts to ensure ubiquitous wireless coverage to improve access to emergency operators,” said Jeff Cohen, a spokesman for the Personal Communications Industry Association.
Tauzin, according to spokesman Ken Johnson, also plans to introduce legislation to resolve antenna siting delays. It is unclear, however, whether Tauzin will link 911 universal access to antenna siting.
Either way, Tauzin could go have a tough time of it. His boss, Rep. Thomas Bliley (R-Va.), chairman of the Commerce Committee is a former mayor of Richmond, Va. Last year, Bliley stopped Tauzin cold in his tracks from providing legislative relief to the wireless industry.
“I’m not sure what support we’ll have from the chairman, but that will not prevent Billy from going forward,” said Johnson.
Tauzin and McCain will be fighting the clock and pro-localism opponents that have found three Vermont lawmakers and a Connecticut congressman to champion their cause.
The EMR alliance coalition backs House and Senate bills introduced last year that would repeal limited federal pre-emption of local siting regulation dealing with health concerns and would prevent the Federal Communications Commission from expanding it in the future.
The House bill is sponsored by Rep. Bernie Sanders (I-Vt.) and Christopher Shays (R-Conn.). Sens. Patrick Leahy (D-Vt.) and James Jeffords (R-Vt.) are supporting a companion bill. Neither side may see laws pass this year, with the short second session of Congress.
