Subject
Request to join a group of local governments from around the country in litigation against the Federal Communications Commission (FCC).
Summary and Background
The current FCC has been working very hard to erode local control of the public right of way. Their goal is to try and assist in the deployment of 5G cellular technology. The proposed changes also severely limit local government authority to impact how and where these providers utilize the right of way.
In May and June the FCC took actions to make drastic changes to the rules related to how local governments could control what happens in public rights of way. Soon after that a coalition began forming to challenge this action in a lawsuit. The coalition includes the League of Oregon Cities among others.
Tie-In to Council Goals:
Fiscal Information
Joining the litigation group will cost up to $5,000.
If the regulations don't change, revenue from cable/cellular providers will be drastically reduced because the providers will be given much more discretion.
Alternatives and Recommendation
Alternatives
Authorize or don't authorize the participation in the litigation against the FCC.
Recommendation
Authorize the City of Hermiston to participate in the FCC litigation.
Requested Action/Motion
Motion to authorize the City Manager to join the FCC litigation at the price of up to $5,000.
Submitted By: Byron Smith