Sample FCC Resolution Opposing Broadband Acceleration by fjzhangweiyun

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									              A RESOLUTION PROVIDING FOR OPPOSITION
  TO THE FEDERAL COMMUNICATIONS COMMISSION’S NOTICE OF INQUIRY
       RELATING TO ACCELERATION OF BROADBAND DEPLOYMENT

WHEREAS, on April 7, 2011, the Federal Communications Commission (“FCC”) issued a
notice of inquiry (“NOI”) relating to the “Acceleration of Broadband Deployment: Expanding
the Reach and Reducing the Cost of Broadband Deployment by Improving Policies Regarding
Public Rights of Way and Wireless Facilities Siting, WC Docket No. 11-59”; and

WHEREAS, the NOI appears to be based on the premise that local governments’ regulatory and
compensation issues relating to rights-of-way constitute “barriers to entry” for broadband
service; and

WHEREAS, the FCC relied on an industry-dominated panel without any meaningful input from
local governments before it issued the present NOI; and

WHEREAS, in the past, the FCC has used such NOIs to issue orders that would severely limit
municipal authority through federal preemption; and

WHEREAS, there are laws currently in existence which protect private communications service
providers’ access to rights-of-way, including limitations placed upon cities’ zoning and land-use
regulations to prevent the withholding or delay of utility service; and

WHEREAS, according to e-NC Authority, broadband is available to the majority of North
Carolina citizens; and

WHEREAS, right-of-way regulation and/or compensation does not present a broadband
deployment issue in North Carolina; and

NOW THEREFORE, BE IT RESOLVED BY THE [CITY or TOWN] COUNCIL OF THE
[insert municipality’s name], NORTH CAROLINA, THAT:

Section I. The [City or Town] Council supports the continued deployment of broadband
services throughout the State of North Carolina and the nation; and

Section II. The [City or Town] Council supports municipal authority and control associated
with the deployment of broadband services; and

Section III. The [City or Town] Council strongly opposes further federal preemption of local
right-of-way management authority and/or rental fees for the use of public property; and

Section IV. A copy of this Resolution be sent to the U.S. Representatives and U.S. Senators
representing the [municipality], North Carolina area, requesting that they use their good offices
to insure the continued support of local government authority; and
Section V. This Resolution shall become effective immediately.


       ADOPTED this the _______ day of _____, 2011.

                                                  [insert municipality’s name]

                                                  BY:
                                                         ________________, Mayor




ATTEST:

____________________________________
_______________, Clerk

								
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