FCC Seeks Comment on Verizon Petition for Declaratory Ruling on County’s Recurring Fees for Small Wireless Facilities in Public-Rights-of-Way

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The FCC’s Wireless Telecommunications Bureau is seeking comment on a petition filed by Verizon requesting a declaratory ruling that recurring fees charged by Clark County, Nevada (County) for small wireless facilities in public rights-of-way are unlawful. Verizon claims that these fees materially inhibit the provision of telecommunications services and violate Sections 253(a) and (c) of the Telecommunications Act, as amended. Specifically, Verizon alleges that the County’s recurring fees materially inhibit telecommunications services because they: (1) do not reasonably approximate the County’s actual and direct costs associated with a provider’s use of the public rights-of-way; (2) are not limited to the County’s objectively reasonable costs; and (3) are inherently discriminatory. Verizon asserts that the FCC should preempt the fees and declare that the County may not charge recurring fees that exceed the presumptively reasonable annual rate of $270, as set forth in the FCC’s Small Cell Declaratory Ruling. Comments are due September 25, 2019, and reply comments are due October 10, 2019

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