Bob Buckhorn and Dana Young are waging a war of words over newly filed legislation allowing wireless equipment in public rights of way.
Tampa’s Democratic mayor argues the measure removes local control of public spaces.
No, says the South Tampa Republican senator, Buckhorn is completely off-base with his concerns on what the bill will actually do.
In a recent op-ed for the Tampa Bay Times, Buckhorn made his case: “Telecommunications companies are pushing SB 596 and HB 687, legislation that would allow them to place small refrigerator-sized equipment, and even towering poles, on public rights of way. If passed, local governments would have no control over where this communications equipment would be placed or how it would look.”
“This idea tramples on the authority of the very local officials you entrusted to make decisions about how your community, and all others in Florida, look and feel,” he wrote.
The bill, called the “Advanced Wireless Infrastructure Deployment Act,” is being sponsored in the Senate by Palm Coast Republican Travis Hutson, chair of the Regulated Industries Committee.
The Act would prohibit the Department of Transportation and individual local governments from prohibiting, regulating or charging for placing small wireless facilities in rights of way. It also says that local governments can’t require applicants to perform services unrelated to the approval that’s being sought, like reserving fiber or pole space for the governmental agency. It also says that local governments can’t ask the applicant to “provide more information to obtain a permit than is required of electric service providers and other communications service providers that are not wireless providers.
“When public officials consider where structures may be located, they evaluate many factors, including a community’s character, the safe installation of such facilities, and the cost to the taxpayers,” Buckhorn writes in the column. “The proposed legislation directly negates this by allowing telecom companies to construct equipment with no concern about how they affect our neighborhoods, public safety, or local budgets.”
Buckhorn adds that the legislation also “diminishes communities,” and would “interfere with a community’s ability to maintain its unique character, and would hand the telecom companies license to create permanent eyesores.”
But Young says that the legislation only addressing wireless equipment that would be installed in “existing right-of-ways where utility infrastructure exists today.”
“The bill does nothing to change a local government’s ability to preserve historic areas like our own Ybor City, nor does it affect the power of cities and counties to regulate siting of new infrastructure and equipment as they do now,” Young tells FloridaPolitics.com.
“This bill originated because once providers began to upgrade to 5G infrastructure some local governments put in place a moratorium to actually block innovation. If the mayors of our cities and towns want to stay on the edge of innovation and for their constituents to have access to the highest speed wireless services they will support this bill,” Young says in a statement. “This bill will bring our state into the next generation of wireless technology with many applications. To do this we must be flexible so Tampa can stay on the cutting edge of technology.”
Sponsoring the bill in the House is Lake Wales Republican Mike LaRosa; it was heard Wednesday in the Energy & Utilities Subcommittee Wednesday.
The measure also has the backing of telecommunications giant AT&T, among other pro-business groups.
In a statement, the Associated Industries of Florida calls it “good public policy,” saying it “will spur increased investments in the state, attracting innovative and technologically advanced companies to Florida.”