Federal Communications Commission Seeks Comments on Reducing Barriers to Broadband Deployment; Deadline to Respond is June 7, 2011

Those wishing to comment on the Federal Communications Commission’s (“FCC”) April 7, 2011 Notice of Inquiry (FCC 11-51, “Notice”) relating to broadband deployment and government policies for access to rights of way and wireless facilities siting have until June 7, 2011 to do so.   Reply comments are allowed until 45 days after that.

Responses to this Notice will be considered as one of the leading elements of the FCC’s Broadband Acceleration Initiative, which was announced in February 2011 for the purpose of working with state, Tribal, and local governments, other federal agencies, and the private sector to identify and take steps to reduce regulatory and other barriers to broadband deployment. 

According to the FCC, increasing broadband deployment throughout the nation is one of the great infrastructure challenges of this era.  Communications technology and services-particularly broadband-are considered to be critical to the nation’s economic success in the 21st Century.  Broadband access is expected to drive local and national economic growth, as well as improve education, healthcare and energy efficiency. 

The outcome of responses to the Notice is intended to update the FCC’s understanding of current rights of way and wireless facilities siting policies, assess the extent and impact of challenges related to these matters, and develop a record on potential solutions to these challenges.  The FCC seeks to information on whether this is a necessary step towards determining the existence of a need for coordinated national action to improve rights of way and wireless facilities siting policies and, if so, what role it should play in conjunction with other stakeholders.

The FCC also seeks to compile a detailed record of the nature and scope of broadband deployment issues, including both best practices that have promoted deployment and matters that have resulted in delays.  It is  most interested in systemic practices rather than individual or anecdotal situations, which are less suited for federal policies.

Commenters are asked to provide the FCC with information on their experiences-both positive and negative-related to broadband deployment. 

Based on feedback, the FCC may:

• Identify and promote best practices and increased uniformity with respect to public rights of way and wireless facilities siting practices and policies
• Make specific recommendations for action to Congress and the Obama Administration
• Sponsor voluntary mediation of public rights of way or wireless facilities siting disputes between state or local officials and industry
• Adopt policy guidelines, adopt rules, or adjudicate rights of way cases, under section 253 or 332 of the Communications Act

Complete background on the Broadband Acceleration Initiative and filing instructions are contained in the Notice, a copy of which is attached.