[1st-mile-nm] NLC and NATOA release model small cell ordinance for municipalities

[Richard Lowenberg]

Model Code for Municipalities

August 27, 2018
https://www.nlc.org/resource/model-code-for-municipalities-0
(see the article for links to the model code .pdf)

On January 31, 2017, Federal Communications Commission Chairman Ajit Pai 
established a Broadband Deployment Advisory Committee (BDAC), which he 
tasked with making recommendations to the FCC on ways to accelerate the 
deployment of broadband by reducing or removing regulatory barriers to 
infrastructure investment. Among other tasks, Chairman Pai asked the 
BDAC to draft a model code for municipalities that could assist local 
governments in enacting ordinances authorizing wireless and wireline 
broadband deployment in the public rights of way.

In the summer of 2018, the BDAC voted to recommend its model code for 
municipalities to the FCC. The BDAC model states that it recognizes the 
“enormous diversity [among local governments] based on geography, size, 
resources, aesthetics, existing infrastructure, regulatory and legal 
framework, history, culture, and community priorities” and states its 
intent to create a “non-binding, flexible guideline.” While we agree 
with these statements and appreciate the hard work of the BDAC members, 
we believe local governments could benefit from an alternative model 
code that reflects the range of legal and policy options open to 
municipalities.

There is no single model code that will work for every jurisdiction. As 
such, NLC and NATOA’s model code is intended as a roadmap to assist 
local governments in adopting their own ordinances governing use of the 
rights of way by communications providers. While example language is 
included in some sections, we do not intend to suggest these examples 
could work for every jurisdiction.

To learn more, read our guide, "Small Cell Wireless Technology in 
Cities."


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Richard Lowenberg, Executive Director
1st-Mile Institute     505-603-5200
Box 8001, Santa Fe, NM 87504,
rl at 1st-mile.org     www.1st-mile.org
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