Local, State Governments Try to Raise Voices at Pai FCC

Local government officials are trying to be heard as FCC Chairman Ajit Pai seeks to end barriers to broadband deployment through rulemakings and an industry-dominated committee. With the FCC moving at a “dizzying pace,” local governments feel they must grab on or risk getting left behind, said Andy Huckaba, a Republican city council member in Lenexa, Kansas, and one of three local officials on the 30-member Broadband Deployment Advisory Committee. The full members and another four local officials serve on BDAC working groups with several dozens of others. In other interviews, local and state officials raised concerns about what BDAC membership says about FCC willingness to listen to governments, but some said they feel included.

An FCC spokesman said the agency is eager for input. Not all agree. Rep. Anna Eshoo, Calif., House Communications Subcommittee ranking member Mike Doyle, Pa., and 12 other House Democrats sent a letter Tuesday to Pai urging him to expand the number of state and local government officials on BDAC amid “serious concerns” about their representation (see 1711070082).

Not having enough local voices on BDAC “has been a challenge both logistically and in terms of some of the initial recommendations coming out of the draft documents,” said Shireen Santosham, chief innovation officer and BDAC designate for San Jose Mayor Sam Liccardo (D), who was at first the committee’s sole local member. With working groups racing "on an incredibly accelerated timeline, there are too few local officials to weigh in on the reports, and certain sections are being drafted with little local government input despite the focus on changing state and local regulations, pre-emption and fees that local governments charge,” she said. Santosham said BDAC rules allowed a telecom industry association to share draft documents with members, but barred cities from sharing with other cities that are considered separate entities: “This type of bias becomes a challenge when you are trying to work together on solutions.”

“It’s pretty lonely,” Huckaba said of his time on BDAC. The FCC added Huckaba after local governments criticized BDAC membership (see 1706010054); in September, the FCC added working group member Larry Hanson, city manager of Valdosta, Georgia, to the full BDAC (see 1709010046). Huckaba said he’s one of a few “not being paid to be there.” When the FCC formed BDAC, the Intergovernmental Advisory Committee -- of which Huckaba is vice chair -- raised concerns that its constituencies weren’t well represented, Huckaba said. “We didn’t hear much and were wondering why,” but at the IAC’s March 24 meeting, Pai Chief of Staff Matt Berry asked Huckaba to join BDAC, he said.

More Advocates Sought

Huckaba is a “great advocate for cities, but it doesn’t by any stretch of the imagination make the BDAC more likely to address local concerns,” said Gary Resnick, mayor of Wilton Manors, Florida: Industry still dominates and “there is really no interest on the part of the industry in trying to address local concerns.” At Pai’s FCC, “there seems to be less opportunity for local governments to have a seat at the table,” said Resnick, a leader elected on a nonpartisan basis.

Still, Huckaba spoke optimistically about BDAC discussions. It “was set up pretty heavily focused on industry and their perspective,” aimed at what local and state governments are “doing wrong,” he said. But there’s a “real desire -- at least by the people I’m working with -- to fix the real problems and not just to point fingers,” he said. Questions remain about what will come out of the committee and how closely the BDAC process is tied to FCC infrastructure rulemakings, said Huckaba. Dialogue has been constructive, with local views taken seriously, he said. He said he tried to send the message that “we all share the challenge” and must work together.

Local governments seek “a fair and balanced approach to broadband deployment and want to work with industry,” Santosham said. “Neither of us can tackle the digital divide and speed broadband deployment alone." Local governments continue to seek Pai's attention on deployment issues (see 1711060039).

States also raised concerns about BDAC membership.

NARUC in July passed a resolution seeking more state and local members (see 1707180007). NARUC wants “a little more balance” in committee membership, said Telecom Committee Chairman Paul Kjellander, a Republican commissioner from Idaho.

The association usually submits one name when a federal regulator seeks state representation on a committee, so for BDAC the state regulator association suggested Massachusetts Department of Telecommunications and Cable Commissioner Karen Charles Peterson, said Kjellander. The FCC added Peterson, “which we’re very grateful for, but when we saw the size of the BDAC, it became somewhat clear … that in terms of the balance of representation it would probably be good to get some additional state representation.”

Don't Forget States

"There's very limited representation from the states," said Nebraska Public Service Commissioner Crystal Rhoades, a Democrat. "At the end of the day, it's the states that get the complaints from the customers. It's the states that have to resolve the issues that arise out of these policies. It's not the FCC, and so it's very important the states get adequate input into the process and policymaking." The FCC must include states to get states’ support, Rhoades said: “If they don't, I envision this becoming an extremely litigious environment.”

Montana Public Service Commissioner Travis Kavulla is less worried, though the former NARUC president voted for the NARUC resolution. It would be difficult for many state commissioners to make time, especially those like Kavulla who work far from Washington, the Republican said. “Even when states have less membership than they should on a given body, it's nonetheless understood that those members punch above their weight because they represent … something other than a narrow interest with a private profit motive.”

Pai “has been eager to hear the input of state, local and tribal officials, and that’s part of the reason why he’s made it a point to get out of" Washington, said a spokesman. The representative highlighted meetings with Arizona Gov. Doug Ducey (R), tribal leaders from South Dakota's Rosebud Sioux Reservation, and public safety officials in Indiana, Illinois, Missouri and Kansas. He said Pai "has been actively reaching out to government officials across the country to gain their perspectives as the FCC works to bridge the digital divide and protect public safety."

Huckaba said Pai is more inclusive than then-FCC Chairman Tom Wheeler, though both are driving agendas. “We felt a little bit cut off” with Wheeler, while Pai “seems more engaged” on local issues, the local official said. Resnick disagreed, saying Wheeler showed “much more respect” for local government authority and wasn’t as “beholden to the industry.”

Pai has been accessible to states, though it’s early in his chairmanship, Kjellander said. He said he met Pai in February during NARUC meetings in Washington: “I don't think he's trying to hide anything about where they're headed.” Kjellander agrees with Pai that Congress, not the FCC, should drive policy. That’s different from Wheeler, he said: "It's not to see how you can strain or manipulate the sections of the Telecom Act to move policy in the direction you want.” Rhoades said Wheeler was “responsive to the public.”

Pai "believes in the rule of law, but also forcefully advocated for limits on the FCC's power to do things when he was in the minority,” observed Kavulla. As chairman, “he has to own that reputation.”