As expected, the Legislature continued the discussion from 2017 of a statewide policy on the siting of small cell facilities in city rights-of-way. The Senate bill from last legislative session was still alive (SB 5935) and a House bill taking a different approach was introduced this session (HB 2592). The Senate proposal would have required certain cities to adopt or update policies relating to the deployment of small cell technology, and would have created the Governor’s Office on Broadband Access to serve as a conduit for federal funds, and to facilitate an update to the state’s goals and standards for broadband service. The House proposal would have created a voluntary list of cities deemed “investment ready” for advanced wireless technologies. It would specify the perimeters under which a city would qualify, such as having adopted a streamlined and predictable permit process, and called for the Department of Commerce to post the list of local governments deemed investment ready on their website.

Up until the evening of adjournment, some members of the Legislature were working to pass a hybrid version of these two proposals, requiring larger cities to adopt or update policies relating to the deployment of small cell technology and allowing smaller cities to choose to become “investment-ready” by adopting a specific permit process.

The good news is that the final versions of these bills were not the preemption proposals that the industry was seeking originally. While no bill passed in the end, they were much improved from where the discussion began.

Small cell networks will be deployed more and more frequently to help lay a foundation for faster and more reliable internet service. The technology is coming and cities need to be ready by reviewing existing policies to include this new infrastructure. All cities might want to consider a local approach, given that the Legislature is likely to pick this issue up again next session.

The bigger issue this year in telecommunications was net neutrality. Reacting to a Federal Communications Commission (FCC) decision to eliminate regulations on how internet service providers handle digital data, Washington became the first state to adopt a state law prohibiting companies from blocking content or charging more for faster delivery of certain information. SHB 2282 will go into effect June 6, 2018.

AWC’s next steps

The discussion about small cell technology in city rights-of-way may not be over. Cites should continue to evaluate their current policies and make sure they are updated to include this new small cell technology. That way, cities will be prepared if and when this technology comes to town. AWC will continue to track this issue. Stay tuned to Legislative Bulletin throughout the year for updates.