INFORMATION TECHNOLOGY AND COMMUNICATIONS (2021)
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INFORMATION TECHNOLOGY AND COMMUNICATIONS (2021)
7.00 Economic Opportunity and information space and use available
Innovation information and digital resources for
education, job opportunities, civic
Local officials have traditionally been engagement, health care, financial services,
leading proponents of the development of entertainment and social connection.
new and emerging technologies and NLC
supports federal policies that encourage Municipalities should be able to leverage
economic development by promoting assets such as fiber networks and partner with
universal access, and digital inclusion, agencies, nonprofits and private sector
technological innovation, competition, and businesses to deploy and support community
the implementation of new services. For digital inclusion programs. Local officials are
communities, the existence of an affordable also those best positioned to assess residents’
and modern communications infrastructure needs and barriers when accessing adequate
means rapid dissemination of and efficient and affordable broadband, technology
access to information, increased productivity, resources and training opportunities. Cities,
new economic development opportunities, towns and villages are also the entity best
improved local government services, and an suited for appropriate management of public
improved quality of life. Communications rights-of-way, land use and zoning in their
and information technology have become communities, to balance the needs of
integral to providing improved health and achieving a robust communications and
social services, public safety, education and information technology infrastructure with
job training, transportation and other lifeline the other needs of the community.
services. (In this chapter, unless specifically
noted, the word communications shall Federal broadband planning frameworks
include voice, video, data, and all other should encompass access to affordable and
services delivered over cable, telephone, adequate broadband internet for residents and
fiber-optic, wireless, satellite and all other businesses, including:
platforms.) • Economic opportunity and innovation for
businesses, organizations and individuals
A. Statement of Principles participating in the digital economy;
NLC endorses the goal of achieving digital • Digital literacy education opportunities
equity across all American communities. that contribute to digital citizenship,
Digital equity ensures all individuals and privacy and cybersecurity skills;
communities have the information • Robust and resilient communications
technology capacity needed for full systems for public safety and
participation in our society, democracy and cybersecurity;
economy. Digital equity is necessary for civic • Appropriate fixed access for single and
and cultural participation, employment, multifamily homes and businesses;
lifelong learning and access to essential • Equitable mobile service throughout
services. entire jurisdictions to the extent feasible;
• Bandwidth symmetry between upload
Every resident should have affordable access and download speeds, enabling sufficient
to communication technologies that provide access to high-bandwidth services and
full opportunities to engage in the digital
2021 Information Technology and Communications
261applications needed for economic participation. Federal definitions of
competitiveness; "broadband service" and programs to
• Network neutrality protections. enhance access, adoption, and affordability
should also seek to encourage
B. Access, Adoption, Affordability, and upload/download bandwidth symmetry.
Symmetry of Broadband
Broadband access and adoption help promote C. Competition and Convergence
economic development and social equity Communications services are no longer
while enhancing public health, public safety, bound to a single, exclusive engineering or
and educational opportunities for Americans physical delivery mechanism. Convergence
around the country. Therefore, the Federal refers to delivering services over non-
government should ensure that broadband traditional platforms, utilizing multiple
access is universal, affordable, and addresses technologies to deliver a particular service,
the nation’s digital equity issues. The and delivering multiple services over a single
Federal government should also ensure that platform. A common example is telephone
future deployments are developed so as not to (voice) and data delivered by cable. Past
decrease digital equity. regulatory regimes – applied to specific
communications services, delivered via
1. Access specific technologies – will be irrelevant and
NLC supports action by the federal unworkable in a market where “cable
government to provide matching grants, companies,” “phone companies,” and their
technology grants, tax credits, subsidies and competitors deliver packages of comparable
other types of aid that would increase services via different technologies.
broadband deployment and affordability.
NLC also supports sustained funding of Implementing the principles of universal
programs such as e-rate. availability requires participation from the
private, non-profit and governmental sectors.
2. Adoption The private sector's role is to meet consumer
Understanding that access alone is not demands by innovation and engaging
enough to encourage adoption, NLC also actively in the market through product and
supports proposals that would bridge the service development and support. The non-
digital divide and develop programs that profit sector may provide support for
would create opportunities to increase individuals that are not adequately served by
broadband adoption. the market or government programs.
3. Affordability Governmental programs are required in this
Federal policies should be designed to area because the market cannot fully meet
maximize the availability of affordable and local, state and national objectives. Barriers
competitively priced services throughout the of geography, technology, settlement
country. patterns, poverty and other factors stand in
the way. All levels of government have a role
4. Upload/Download Symmetry in ensuring universal availability. Despite
Recognizing that broadband download the move to de-regulate services, states,
capability is critical for access to content, through their public utility regulatory
upload speed is similarly critical for structures, have significant and changing
economic development and labor market roles in this area. Municipal and other local
2021 Information Technology and Communications
262governments can make significant A. Land Use and Zoning
contributions to universal availability 1. General
through community needs analysis, The Federal Government must not preempt
regulation, financing, franchising, direct or restrict zoning authority and other local
provision of services and infrastructure, land use laws or requirements applied in a
progressive management of city properties non-discriminatory and timely manner that
including rights-of-way and a variety of other regulate the location, placement, size,
means. The federal government must not appearance, screening or siting of
preempt municipal authority to act in the transmission and receiving facilities and any
interest of its citizens, especially where fully other communications facilities such as
competitive and affordable services do not satellite dishes, radio towers, broadcast
exist. facilities, microwave facilities, equipment
housing, small wireless facilities, and similar
The federal government, because of its scale facilities. (See related policy under the
and geographic scope, has a unique role in Community and Economic Development
providing redistribution of service costs so Chapter, Section 3.07 (A) Land Use.)
that a national system of universal affordable
access exists. These roles are critical in order 2. Adjudication
to bridge gaps between universal service and Disputes over local zoning and land use
what the private sector provides in response matters must be adjudicated by the state
to the market. courts and not the Federal Communications
Commission (FCC).
7.01 Local Control and Authority
3. Exclusive Remedy for Personal
NLC supports a balanced approach to Communications Facilities
communications policy that allows new NLC supports judicial decisions and
technologies to flourish while preserving legislation that express the clear
traditional local regulatory authority. In Congressional intent to preclude application
particular, federal policies should not of damages and attorney fee remedies against
undermine the ability of municipal officials local and state governments under federal
to protect the health, safety and welfare of civil rights statutes for violations of section
their residents by diminishing local authority 704 of the Telecommunications Act of 1996.
to manage public rights-of-way, to zone, to
collect just and fair compensation for the use 4. Radio Frequency Radiation Emissions
of public assets, or to work cooperatively The federal government has established
with the private sector to offer broadband standards for radio frequency emissions.
services. Regulation and oversight of basic Local governments must be permitted to
telecommunication services are important monitor and enforce these standards.
prerogatives for local officials to advance
community interests, including the provision The increasing number of wireless sites in
of high quality basic services that meet local communities has increased questions from
needs and are available at affordable rates to citizens about the health and safety impacts
all consumers. of these sites. The Federal Communications
Commission should update its standards and
guidance for safe exposure to radio frequency
2021 Information Technology and Communications
263emissions to account for changes in C. Rights of Way Management
technology and density of infrastructure. Public rights-of-way are properties owned by
the citizens of a municipality that are
The lack of updated radio frequency emission managed by local governments for the
standards, particularly with the proliferation benefit of those citizens. Proper management
of small wireless facilities, is an issue of is essential for the transportation of people,
concern often expressed to local elected goods and services and for utilities including
officials by impacted residents. power, clean water, stormwater, sanitary
sewer and communications. Municipal
We urge the Federal Communications
governments engage in a variety of activities
Commission to publish updated standards
related to rights-of-way to protect the public
relevant to small wireless facilities or a clear
safety and welfare, to minimize service
affirmation that the existing standards have
disruptions to the public, to protect public
been found to be safe when applied to small
investments in rights-of-way, to assure the
wireless facilities placed in very close
proximity to each other and to inhabited proper placement of service lines, to regulate
the placement of service facilities and to
structures.
realize the value of this public asset.
Underlying these municipal roles and control
5. Interference with Public Safety
is the fact that the use of publicly-owned
Communications
rights-of-way is a privilege, not a right. Use
Local governments must have the authority
of municipal rights-of-way is not an
under federal law to enforce zero-tolerance
entitlement flowing from the
standards for interference with public safety
Telecommunications Act of 1996. Local
communications. (See additional related
governments are legally and ethically
policy in Section 7.03 (D) Standards.)
obligated to control and charge for the use of
rights-of-way. Moreover, the federal
B. Communications Infrastructure Siting
government must not mandate to local
Municipalities process and deploy the vast
governments that the various users of rights-
majority of wireless broadband infrastructure
of-way be treated in precisely the same
projects in a timely manner, respecting not
fashion, given that these industries place
only the needs of providers, but also the
dissimilar demands and risks on the rights-of-
needs of the communities they serve. Local
way.
governments have the right and obligation to
ensure wireless siting requests comply with
Municipalities, authorized to manage and
current health, safety, building, engineering,
receive compensation for commercial use of
and electrical requirements, as well as
the public rights of way, may conduct a
comply with tower fall zones and set-back
number of activities to achieve their
ordinances.
management goals, including, but not limited
to, the granting of franchises and licenses, the
NLC opposes efforts by the Federal
promulgation of construction, restoration and
Communications Commission to preempt
maintenance standards, the levying of taxes,
local authority over wireless infrastructure,
the charging of fees, the levying of rental
and supports legislative and judicial remedies
charges and the issuance of permits. The
to this preemption.
federal government should take no actions
which restrict the authority of municipalities
in these areas.
2021 Information Technology and Communications
264As communications and other services (that • Complying with emergency orders issued
utilize public rights-of-way) are offered by by a municipality for public safety in
different providers, and as services are exercise of police powers
bundled together or separated (segmented) in • Posting bonds as determined necessary to
different ways, cities need the ability to ensure compliance;
adjust their regulations to the new provider • Indemnification;
environment. The federal government • Notifying the municipality of
should remove federal barriers to this excavations;
adjustment process by municipalities. • Notifying the municipality of time, place,
Federal law should not preempt municipal and manner of entry into rights-of-way;
regulations which require advance • Complying with municipality
notification to the municipality of the requirements regarding excavation
offering of new services (using the rights-of- methods;
way) or when the use of existing facilities • Complying with municipality
within the rights-of-way are converted to new requirements regarding maintenance of
uses. In addition service providers should be traffic, pedestrian, or bicycle
encouraged to deploy new technologies and infrastructure;
not withhold implementation to the detriment
• Complying with municipality
of a community.
requirements regarding aesthetics and
undergrounding;
Municipalities must have the authority to
• Participating in the costs of street
assess fees reflective of just and reasonable
reconstruction;
compensation for the use of public rights-of-
way. There should be no federal limitation • Coordinating with other providers and
on the ability of a franchising authority to utilities to minimize rights-of-way
impose appropriate franchise fees for the disruption;
provision of non-cable services or the • Qualification requirements for
provision of service by any provider of contractors and subcontractors;
communications services and its affiliates, or • Demonstrating ability to guarantee the
multi-channel video programming quality of restoration work as using the
distributors using public property or public same surface material or restoring
rights-of-ways. Moreover, franchising landscaping to previous condition;
authorities should be able to assess a • Submitting as-built documentation and
franchise fee on all operations of the service other information for entry into GIS
provider, or any other provider of cable or systems;
any other communications system capacity, • Provisions for abandonment of
as any such use constitutes a valuable right equipment
for which a city should receive fair • Complying with regulations specifying
compensation. the frequency of when right-of-way can
be excavated, including dig-once
Municipal requirements for users of the policies; or
rights-of-way including but not necessarily • Being subject to special assessments for
limited to the following should be clearly street paving.
recognized in federal law as appropriate
exercises of municipal authority: The type of requirements listed above should
never be classified under federal law as
2021 Information Technology and Communications
265illegally discriminatory practices or as protect the use of spectrum for public Wi-Fi
barriers to market entry. networks.
NLC believes that the rare and justified use 2. Institutional Networks and Other
of moratoria is a critical rights-of-way and Government-Use Networks
zoning management tool for municipalities Communications policies on the national
and that the use of this tool should not be levels should encourage and support
preempted by State or Federal policy or law. municipalities in the development and
A moratorium is a temporary pause on operation of Institutional Networks (“I-
development orders including permits Nets”) or other networks used for
imposed by a local government. In the governmental services such as transportation
context of advanced telecommunications and utilities management and public safety.
deployment it may be used for the purposes These networks are an integral part of the
of project planning and coordination, local communications infrastructure,
providing time to develop appropriate providing valuable alternative video, voice,
regulations to implement new state and and data services to local governments,
federal law and address new technology, and schools, hospitals, other public institutions,
to address significant public safety and and the public. Furthermore, they can serve
welfare issues. as a critical gateway to other communications
networks. The creation of innovative
D. Municipal Broadband services on I-Nets can be a catalyst for the
NLC advocates for all levels of government broader deployment of advanced
(local, state, and federal) to facilitate the communications services within the
deployment of broadband networks and community.
services through policies and regulations that
favor government and private sector E. Wireline Communications Providers
investments to further encourage Within this section, the phrase
deployment. “communications providers” is intended to
cover wireline telecommunication providers
NLC supports federal proposals that preempt that historically provided telephony and/or
state barriers and preserve the authority of television services. The phrase
local governments to act in the interest of “municipalities” is intended to cover both
their citizens by offering internet access municipalities and franchise authorities,
through community/municipal broadband other than municipalities, where applicable.
initiatives.
1. Federal/Local Jurisdiction over Wireline
1. Municipal Broadband Infrastructure Communications Providers
Municipalities must not be prevented from Federal jurisdiction should be limited to
installing and operating municipally owned matters expressly and unambiguously
wireline/fiber or wireless communications designated by statute as federal matters. All
systems, regardless of whether the intended other matters should be left to local and state
use is governmental and/or private. NLC control; municipalities should have primary
supports federal policies that facilitate the authority over local and other related
development of multiple, competitive intrastate matters. Federal laws and
wireline communications providers and that regulations should recognize, respect, and not
restrict local government authority.
2021 Information Technology and Communications
266Municipal regulation of wireline • Impact of a franchise decision on
communications systems is essential for competition in the local marketplace, and
several reasons: deny a franchise requests to providers
• To manage use of the valuable and that would restrict competition
limited public rights-of-way; • Franchise awards, modifications, time
• To protect consumer interests; extensions, transfers, renewals,
• To foster public, educational, and revocations, enforcement and
government (“PEG”) use of the system; administration;
and • Prior approval or disapproval of transfers;
• To protect the community’s needs and • The inspection of books and accounts, the
interests for which their rights-of-way are conduct of audits; and
being occupied. • Enforcement of service quality standards.
As authorities exercising police power to a. Franchise Renewals
promote public health, safety and welfare, Franchise renewals should be handled in
municipalities should be responsible for local accordance with applicable local law.
matters such as: Federal law should:
• Management and control of the public • Allow municipalities to consider
rights-of-way; competitive renewal proposals at the time
• Consumer protection and enforcement of of renewal and to grant the franchise to a
meaningful customer service standards, competitor that will better serve the
consumer choice, competitive consumer community, provided that a locality is not
pricing; required to grant an incumbent’s bid;
• Continuity of service in cases of transfer, • Provide municipalities with authority to
assignment, abandonment or termination; review all elements of the operators’ past
• The use of municipally-owned/controlled performance without regard to transfers
facilities, including, but not limited to of ownership during the franchise term;
municipal services, poles, and conduits • Limit administrative and procedural
(and the fees for such use); complexities and establish an “arbitrary
• Determining whether to require and capricious” standard for judicial
universal, nondiscriminatory service review of a locality’s renewal decision;
availability to subscribers; and • Provide adequate time periods for making
• Determining the use of franchise fees. a renewal decision; and
• Permit municipalities to deny renewal
2. Franchise Granting Administration (for requests if a communications system
municipalities who have local franchises) operator is not in substantial compliance
Municipalities should be permitted to with material franchise requirements or
consider any issues affecting the local public has provided inadequate service,
interest – including, but not limited to, the regardless of whether a locality had
ability and willingness to provide service, notice of, or provided a communications
PEG access requirements and universal system operator notice of, franchise
service – in determining whether it is violations or inadequate service of notice
“reasonable” to deny a franchise request. of such violations.
Moreover, municipalities should have the
right to consider the following issues relating
to franchise administration:
2021 Information Technology and Communications
267b. Franchise Transfers F. Broadcasting
Federal law should not limit a municipality’s 1. Support for Low Power Television
ability to disapprove a proposed transfer (LPTV)
upon any reasonable grounds, including, but Federal LPTV policy must promote and give
not limited to: (a) a finding of past failure to priority to local government and public
comply with the franchise; (b) a refusal by service programming, encourage diversity in
the transferee to agree to reasonable business programming, and maximize opportunity for
terms or comply with the terms of the local competition among LPTV stations.
franchise in the future; or (c) a finding of
economic non-viability (as reflected in the 2. Ownership Opportunities
purchase price and the economic impact of NLC also encourages LPTV ownership by
these acquisition costs on the community). women, local governments, small businesses
Federal law should not limit a municipality’s and minorities. Federal restrictions on
ability to collect all information necessary to trafficking, the rapid resale of recently
fully review a buyer’s qualifications, and acquired broadcasting licenses, should be
should not place unreasonably short time established to preserve minority, female,
limits on such review. small business, and local ownership.
3. Franchise Fees 3. Low Power FM Radio
Municipalities must be paid fair and NLC encourages the development of low
reasonable compensation for use of their power FM radio broadcasting service to
rights of way. Such amounts should not be provide opportunities for new entrants,
limited to the cost of maintaining the rights of including those for women and minorities
way. In addition, payments made for, or in into broadcast ownership. Low power FM
support of the use of PEG facilities, radio broadcast programming can address
equipment and services, or for institutional local problems, needs and interests.
networks (I-Nets) should not be considered
franchise fees. NLC opposes federal efforts G. Fairness Doctrine
to reinterpret the Cable Act to deduct the The federal “fairness doctrine” and related
value of mutually agreed upon nonmonetary doctrines such as the “equal time” media
franchise provisions from franchise access requirement for candidates should be
payments. NLC also opposes federal efforts enacted into law and strengthened by requiring
to exempt cable operators from local full and effective FCC enforcement. The
ordinances that apply to non-cable “fairness doctrine” was established in 1949
competitors. through federal regulation to foster debate on
public issues and ensure the public airing of
With equity and competitive fairness as a different points of view on controversial issues,
framework, municipalities should continue to but it was revoked in 1987 by the FCC.
have the right to own, operate, manage,
license, or lease any other voice and data 1. Rate Regulation, Rate Structure, and
services or infrastructure without a franchise Service Options
and in competition with franchised providers All traditional cable video services (including
of such services. charges for installation, equipment, and other
related services), should be regulated except
for programming offered on a per-channel or
2021 Information Technology and Communications
268per-program basis that is not supported by First Amendment standard from that
revenues from advertisements. applied to the print medium, but similar
Federal law should allow a municipality to to that applied to the broadcast medium.
require a uniform rate structure throughout a Further these unique media of expression
franchise area on a nondiscriminatory basis. are evolving and should be routinely
Uniform rates help ensure the availability of monitored.
a minimum level of service to low-income,
disabled and elderly persons. 2. Damages Immunity
Some local governments have been
Federal law should allow a municipality to threatened with extraordinary monetary
require video operators to provide lifeline judgments in lawsuits by communications
service at regulated rates or to offer discounts providers that challenge the fundamental
on its services to low-income, disabled and right to exercise regulatory jurisdiction
elderly persons. authorized by federal, state or local laws or
regulations. NLC supports the damages
H. Municipal Liability Exposure and immunity provisions in the
Franchise Administration Telecommunications Act of 1996. To the
1. First Amendment extent that local government damages
NLC is opposed to challenges of government immunity provisions are not clearly set forth
regulation on First Amendment or other in other sections of the Telecommunications
constitutional grounds brought by cable Act of 1996, they should be clarified. For
operators, or other communications and example, the legislation should preclude the
information service providers. When award of attorney fees and costs against
municipal regulation is challenged on First municipalities.
Amendment grounds, NLC encourages
recognition of the following principles: I. Channel Control and Placement
• Current television distribution facilities 1. Local Authority over Channels
are predominantly a natural monopoly; Municipalities should be permitted under
• Wireline communications service federal law to enforce programming and
providers generally make permanent and programming-related requirements contained
extensive use of the public’s rights-of- in franchise agreements, including, for
way; example, the number of channels that must be
• Public, educational, and governmental carried on any tier, requirements for PEG
(“PEG”) access promotes the First channel capacity, and a lifeline service tier
Amendment interests of the public; requirement.
Universal service promotes the First
Amendment interests of the public; 2. Must Carry Requirements
• The First Amendment interests of the NLC feels that federal “must-carry”
public and municipalities, in assuring requirements serve important goals, such as
programming diversity and a vigorous promoting the viewership of public
marketplace of ideas, outweigh the broadcasting systems and preserving the
communications providers’ First nation’s system of free over-the-air broadcast
Amendment interest in providing cable service.
service; and
• The Internet is a unique media platform NLC supports federal law that prohibits
of expression that requires a different broadcasters from using available PEG
2021 Information Technology and Communications
269channels to transmit must-carry signals K. Satellite Services
without a municipality’s approval. Such NLC supports federal efforts requiring
approval should be obtained in advance of the satellite companies to meet public interest
use of unused PEG channels and such use of requirements such as public, education and
PEG channels should be temporary. government (PEG) channels.
3. Channel Placement and Numbering for 7.02 Public Safety
Cable
Municipalities should not be precluded by Ensuring dependable, robust, and resilient
federal law or regulation from regulating the communications systems for public safety
placement and numbering of access channels needs is an important priority of municipal
to better protect consumers. Municipalities government. Preserving the local
should also be authorized to prohibit any government role in public safety
changes in channel assignments on tiers communications systems can help local
subject to rate regulation unless approved by governments take advantage of technological
the municipality. innovation and result in improved
communications efforts and practices.
Changes in alignment for services not subject
to rate regulation (e.g., pay-per-view and This section will focus primarily on the
premium programming) should be preceded communications-related aspects of public
by reasonable notice to the municipality and safety. For additional public safety policy,
subscribers. please refer to the Public Safety and Crime
Prevention (PSCP) Chapter of the National
J. Public Access Channels Municipal Policy.
Federal law should require communications
providers offering channel-based A. Spectrum Allocation
programming, regardless of the means of Spectrum is a finite non-renewable natural
distribution, to meet PEG access obligations resource owned by the people and managed
as determined by municipalities. by the government.
Federal law should: (a) authorize The federal government must allocate
municipalities to require communications sufficient communications spectrum to
providers to provide both operating and municipalities for public safety use in order
capital support for access facilities, to enhance inter-operable communications
equipment, staffing, and maintenance at among public safety and service agencies,
levels sufficient to ensure the viability of and to ensure the ability of local governments
access without any limitations or credits to meet their responsibilities for public safety
against franchise fees; (b) not limit and emergency services. The federal
franchising authorities ability to designate government must also involve cities as it
entities to provide access services; and develops standards for the delivery of
(c) provide liability protection wherever a emergency information on communications
municipality, access entity, or systems.
communications provider does not exercise
editorial control over content. If federal reallocation of radio spectrum
forces a municipality to change frequencies,
channels, or both to preserve their public
2021 Information Technology and Communications
270safety and emergency communications interoperable wireless communications are
services, there should be fair compensation essential to public safety’s mission to protect
made for transfer costs. Such compensation life and property. (See related policy under
should include all costs reasonably incurred PSCP Section 6.02(C) Public Safety
by the municipality, including, but not Technology and Intelligence.)
necessarily limited to, new equipment and
infrastructure for broadcasting under a D. Standards
different frequency, and additional personnel The federal government should encourage
and training. regional planning for public safety
communication needs and address the current
B. FirstNet shortage of spectrum channels with a long-
The passage of the Middle-Class Tax Relief term plan that ensures sufficient and
and Job Creation Act of 2012, provided appropriate spectrum to meet future public
spectrum and $7 billion in funding to create a safety needs across the nation,
nationwide public safety data communications equipment with open
communications network in the hopes of standards, and funding for the necessary
meeting the needs and requirements of our building, operation, and maintenance of a
nation’s first responders. The First national interoperable emergency
Responder Network Authority (FirstNet) communications system. If federal
Board of Directors has been tasked with the reallocation of radio spectrum forces a
planning, construction, maintenance, and municipality to change radio frequencies
operation of a nationwide public safety and/or channels to preserve its public safety
wireless broadband network that will allow and emergency communications services,
first responders to achieve better there should be prompt and fair
communication in their day-to-day work as compensation made for transfer costs, such as
well as during disaster response. NLC new equipment and additional personnel and
encourages efforts by FirstNet to work with training. (See related policy under PSCP
state and local governments, as well as the Section 6.02(C) Public Safety Technology
first responder community, to identify their and Intelligence.)
needs when it comes to the cost, coverage,
and uses of the public safety broadband E. Emergency Notices
network. The federal government must ensure that
homes and businesses have access to the
C. Interoperability same emergency information as is offered by
Having the capability to transmit vital the Emergency Alert System, without regard
information to different emergency response to which communications technology is used
personnel among all levels of government to serve a location.
without interference and delay is key to
communications for public safety. No man, 7.03 Consumer Protection
woman, or child should lose his/her life
because public safety officials cannot Municipalities have a fundamental
communicate with one another. The federal responsibility to protect the public health,
government should take immediate action to welfare and safety through the exercise of
provide local governments with the broadcast police powers vested in them by action of
channels needed to enhance their their residents or the operation of state law.
communications capabilities. Reliable and Through such mechanisms as: direct
2021 Information Technology and Communications
271provision of services, franchising, permitting, deliberately falsify the telephone number
and licensing, municipal governments have and/or name relayed as the caller ID
and maintain oversight over multiple information to disguise the identity of the
communication systems, which are essential calling party.
to this objective. Federal law should allow
municipalities to enact and enforce more 5. Unsolicited Communications
rigorous customer service standards than NLC calls on the federal government to
federal standards. expand efforts to curtail unsolicited
communications, including, but not limited
A. Abusive Practices to, cell and landline phone calls, texts, faxes,
1. Slamming e-mails, pop-up Internet ads and abandoned
NLC supports federal efforts to address the phone calls, except in situations where an
illegal practice of changing consumer established business relationship exists. In
communications services without addition to being a nuisance, the costs of such
authorization, known as slamming. This unsolicited communications are often passed
unauthorized change can have a negative on to consumers and businesses. However,
impact on consumers of communications federal actions, such as national “do not call”
services who not only lose the right to registries, should not preempt or weaken
subscribe to their provider of choice, but also existing state or local laws.
might be subject to lower quality service or
higher rates. 6. Online Safety
The federal government should also
2. Cramming encourage responsible use of broadband
NLC supports federal efforts to address the technology services. Identity theft, bullying,
illegal act of placing unauthorized charges on cyber stalking, the mis-management of
wireline, wireless, or bundled consumer data, hacking or infecting
communications services bill, a practice government and other lawful websites and
known as cramming. This practice tricks networks, and broadband schemes to defraud
consumers into paying for services they did seniors and vulnerable populations should be
not authorize or receive, or that cost more prohibited and discouraged through
than the consumer was led to believe. appropriate government policies,
enforcement, and technology solutions that
3. Robo-Calls address both broadband providers and
NLC supports federal efforts to eliminate consumers, and through appropriate
robocalls, except those exempted by the education. A large reason many Americans
Federal Trade Commission, which are do not adopt and use broadband services
unsolicited telemarketing calls to landline or more readily is the fear of being subject to
cellular telephones, and all autodialed or abusive practices. To be accepted,
prerecorded calls or text messages to wireless broadband must be safe for users.
numbers. NLC supports the Do-Not-Call
Registry and encourages further efforts to 7. Reassigned Numbers
expand the program and close loopholes. NLC encourages federal action to provide
consumers an easy way to exempt
4. Spoofing FCC Language themselves from autodialer call lists and
NLC supports federal efforts to address caller prevent companies from calling numbers
ID spoofing, a practice where callers can that have been reassigned.
2021 Information Technology and Communications
272B. Truth in Advertising packaging’ in markets with
NLC supports federal proposals which exclusive/limited broadband service
encourage regulators to develop and enforce options should be banned.
strict guidelines to govern advertising and • Providers currently advertise speed and
public disclosure of broadband services. availability to markets where the service
Of special interest should be: and speed are unavailable, or only
• Broadband providers currently use available to a small percentage of the
download speed as their primary flagship, citizens receiving the advertising. NLC
while minimizing the disclosure of encourages the federal government to
upload speed, which is the most variable provide oversight of these practices.
component of current broadband delivery
technologies. Providers should be C. Billing Practices and Service Disputes
required to advertise upload/download Federal requirements should not restrict the
speeds on an equal basis. ability of any individual subscriber from
• Providers heavily advertise their filing complaints directly with the FCC.
download speeds as rated inside their
own networks, without any common NLC supports federal law that would allow
measurement indexes that would allow municipalities to enact and to enforce more
consumers a basis for fair comparison of rigorous customer service standards.
products between providers. Providers
should be required to ensure all D. Privacy
broadband advertising that includes 1. Privacy and Consumer Protection
bandwidth claims to use a common Federal law must not limit the ability of
system for speed measurement across the municipalities to protect consumers from the
entire Internet. misuse of personally-identifiable
• Providers currently contract consumers to information. The exposure and risks to
multi-year agreements with exit costs that individuals from the use and misuse of
are not indicative of the installation costs personal information and shifting public
or associated discounts for the services expectations for information privacy should
provided. Providers should be required to be at the forefront of federal policy decision-
disclose/contrast termination fees in all making. The collection, maintenance, use
advertising that ‘headlines’ a discounted and dissemination of personal information
rate based on said contractual agreement. have been facilitated by the vast capabilities
• Providers currently contract groups of of modern information technology.
consumers to lengthy multiyear exclusive
contracts to pre-empt the expansion of 2. Privacy and Public Records
city/municipality owned networks. To Local governments have an important role as
counter this, there should be support for collectors and caretakers of vital information
the expansion of municipal broadband by about the people and communities they
discouraging or legislating against these govern. This information is a unique
practices. resource used by governments to plan and
• Providers currently ‘package’ other deliver services and, under state and local
services with their broadband services to guidelines, by citizens and the private sector
force market these products to consumers to enhance educational, social and economic
that have limited/no options in the objectives.
broadband market. The use of ‘slam
2021 Information Technology and Communications
273NLC opposes any federal law or regulation, transactional databases, enterprise files and
which would limit a municipality’s discretion critical government functions. (See related
in determining what information, held by a policy under PSCP Section 6.03(I) Protect
municipality, should be made available Against and Respond to Cyber Threats.)
electronically.
F. Network Neutrality
A municipal government should have no The federal government should mandate
legal exposure under federal law or compliance with the following principles by
regulation if a municipality makes all companies owning networks or offering
information, which is public under its state Internet access, regardless of technology they
law, available to any member of the public. employ:
• Internet users and creators of services
To safeguard municipal interests and should have unrestricted access to and
promote expanded use of innovative use of their choice of lawful Internet
information technologies, municipalities content, applications, and services;
should never be required by federal law or • Internet users are entitled to connect their
regulation to provide data electronically, or in choice of legal devices to the network;
an electronic format that involves a • Internet service providers should not
significant development or administrative engage in prioritization or throttling of
cost without reasonable compensation for, at content unrelated to public safety needs;
minimum, the marginal cost of providing the and
service. Cities should be allowed to provide • While network owners define the cost
information in the format that is generally and technical limits of their service,
employed to meet the requirements of the consumers must receive meaningful
municipality, which may not necessarily be information regarding their service plans,
in the form that a requester desires. including but not limited to information
about anticipated upload and download
E. Cybersecurity speeds.
NLC supports federal efforts in cybersecurity • Each of these principles should apply
related to national security, protection of regardless of an Internet user’s income,
sensitive information and intellectual race, geographic location, or disability.
property, and the availability and continuity • Enforcement of these principles and
of infrastructure. The increasing presence of similar principles are essential to ensure
the Internet of Things throughout cities and that the public receives the maximum
the increased attempts to interfere with diversity of information and the
election processes presents an increased maximum competition among providers
threat to city residents and necessitates of services, equipment, content, and
increased federal action. Local governments Internet access. Municipal broadband
are responsible for the protection of large networks represent an important
amounts of personally identifiable data, the alternative to communities that find
breach of which could lead to criminal privately owned networks are unable to
activity or unauthorized use. NLC comply with these principles.
additionally supports federal efforts to
provide increased resources and technical
assistance to local governments for the
protection of government systems, data,
2021 Information Technology and Communications
274National League of Cities · Adopted at the 2020 City Summit · November 20, 2020
NLC RESOLUTION #54
LOCAL GOVERNMENT SUPPORT OF COMMUNITY/MUNICIPAL
BROADBAND NETWORKS
WHEREAS, the universal availability of affordable broadband access for all citizens has been
identified as a national priority; and
WHEREAS, community/municipal broadband networks are an essential option for education,
healthcare, market competition, consumer choice, economic development, and universal,
affordable Internet access nationwide; and
WHEREAS, historically, local governments have ensured access to essential services by
banding together to provide those services that were not offered by the private sector at a
reasonable and competitive cost. This involvement has included electrification, public libraries,
and other important services; and
WHEREAS, according to the Federal Communications Commission, half of American homes
only have two options of Internet service providers for basic broadband and for faster speeds, a
majority of households only have one choice1; and
WHEREAS, the economic health of municipalities depends on public and private investment to
connect their communities; and
WHEREAS, municipal governments consider broadband to be a critical form of infrastructure,
and more than 900 communities have therefore made significant investments in publicly-owned
broadband infrastructure2; and
WHEREAS, attempts continue to be made to limit or stop further local government deployment
of municipal broadband services, which has the potential of reducing the ability of local
government to provide important information and services to their citizens in a timely, efficient,
and cost-effective manner; and
WHEREAS, opponents of community and municipally provided broadband have proposed
various administrative procedures that they claim are designed to protect citizens and consumers
from unwieldy local governments; however, these safeguards really place over-burdensome
requirements on municipalities and act as unnecessary barriers3; and
WHEREAS, in the vast majority of community/municipal broadband networks built to date, the
private sector has been involved in helping design, build, and operate the network – creating new
business opportunities and jobs in the process; and
1
Federal Communications Commission, Internet Access Services: Status as of June 30, 2017, November 2018.
2
Institute for Local Self-Reliance, “Community Network Map,” January 2020.
3
National League of Cities, “City Rights in an Era of Preemption: A State-by-State Analysis,” April 2, 2018.
2021 Information Technology and Communications
275National League of Cities · Adopted at the 2020 City Summit · November 20, 2020
WHEREAS, local governments should not be preempted by states from being able to offer
broadband services, high speed Internet, and other communications services and/or infrastructure
which could advance the deployment of broadband throughout our nation.
NOW, THEREFORE, BE IT RESOLVED that the National League of Cities (NLC) urges the
federal government to encourage deployment of broadband networks in a competitive manner
via a variety of conduits (satellite, wireless, and wireline); and
BE IT FURTHER RESOLVED that NLC opposes any actions that seek to burden cities
through unnecessary procedural requirements and safeguards that duplicate the democratic
process by which cities govern themselves; and
BE IT FURTHER RESOLVED that NLC embraces local governments’ ability to work
cooperatively with the private sector to offer broadband services and does not believe such
public/private partnerships are incompatible with private sector competition; and
BE IT FURTHER RESOLVED that NLC supports federal proposals that promote
community/municipal broadband, that preserve the authority of local governments to act in the
interest of their citizens by constructing, owning and operating broadband infrastructure, directly
offering high speed Internet and other communications services, and/or participating in public-
private partnerships for the purposes of offering competitive broadband and communications
services; and
BE IT FURTHER RESOLVED that Congress should preempt state laws that restrict
municipalities from providing community broadband networks and further ensure that no new
broadband legislation should preempt the authority of local governments to conduct their own
broadband planning; engage in broadband infrastructure construction, ownership, or operation;
collaborate with neighboring jurisdictions; govern the placement and deployment of wireless or
other communications infrastructure in their communities; or impose consumer protection or
buildout requirements on broadband providers in their jurisdictions; and
BE IT FURTHER RESOLVED that NLC calls on Congress to pass the Community Broadband
Act to supersede state preemption and enable the provision of municipal broadband in every
state.
2021 Information Technology and Communications
276National League of Cities · Adopted at the 2020 City Summit · November 20, 2020
NLC RESOLUTION #55
FEDERAL INVESTMENT IN BROADBAND ACCESS: A CALL FOR UNIVERSAL
AVAILABILITY, AFFORDABILITY AND WORLD-CLASS QUALITY
WHEREAS, to compete successfully in an increasingly global environment the United States
needs to take advantage of all of the technological solutions that high-speed broadband access
offers; and
WHEREAS, universal broadband should be considered essential infrastructure that contributes
to economic health, equity, and survival of communities across the United States; and
WHEREAS, despite the findings of the Federal Communications Commission (FCC) 2019
Broadband Deployment Report1 that 21.3 million Americans lacked access to broadband
networks, the FCC concludes that “broadband is being deployed in a reasonable and timely
fashion;” and
WHEREAS, there is a disparity between providers’ reporting of advertised speeds and actual
delivered speeds that has been proven through speed tests in a number of states and
municipalities; and
WHEREAS, the numbers of individuals with access to broadband is overreported by the FCC
and inconsistent with the U. S. Census American Community Survey’s findings; and
WHEREAS, the federal standard for broadband (25 Megabits per second (Mbps) download and
3 Mbps upload), which has been in effect since 2015, is insufficient for multiple household
members to simultaneously access vital bandwidth-intensive services such as video chat or VPN
simultaneously; and
WHEREAS, with the proliferation of devices with Internet access, wireless data traffic has
grown significantly, placing a greater demand on both licensed and unlicensed spectrum, and
adding additional capacity is essential to support continued innovation and achieve the potential
to transform many different areas of the American economy by providing a platform for
innovation and is likely to have a substantial impact on jobs, growth and investment; and
WHEREAS, the availability and adoption of quality, affordable broadband service can vary
dramatically from one neighborhood to another and between single family and multifamily
homes, even in heavily populated urban areas, and a substantial number of individuals in poor
and rural communities have limited Internet access and where broadband access is limited,
citizens have limited access to information, education and tools for economic independence2; and
1
Federal Communications Commission, 2019 Broadband Deployment Report, May 29, 2019.
2
Brookings Metropolitan Policy Program, “Broadband subscriptions are up, but too many households are still
disconnected,” September 28, 2018.
2021 Information Technology and Communications
277National League of Cities · Adopted at the 2020 City Summit · November 20, 2020
WHEREAS, 15% of households with children in school currently lack a broadband connection,
while the majority of teachers assign homework that requires broadband, leaving millions of
students behind in modern education3; and
WHEREAS, current availability and adoption is insufficient to meet present and future needs.
NOW, THEREFORE, BE IT RESOLVED that NLC asks the federal government to recognize
and work to achieve the goals of equitable broadband access by providing:
• Affordable and competitively priced broadband access; and
• Appropriate standards for symmetrical broadband speed, reliability, and connectivity that
allow America to compete in the global economy and open more opportunities to deliver
robust services more economically and universally; and
• Funding, such as that proposed in the Digital Equity Act, to support digital inclusion
programs throughout the United States.
BE IT FURTHER RESOLVED that NLC urges the federal government to include and to
incorporate federal investment in broadband in any federal infrastructure proposal, to strengthen
the nation’s infrastructure network while promoting economic development and social equity in
our communities; and
BE IT FURTHER RESOLVED that NLC supports the FCC revisiting the benchmarks for
broadband speeds on a more frequent basis because of the evolving nature of technology and the
needs of communities for faster and symmetrical speeds; and
BE IT FURTHER RESOLVED that Congress must work with state and local governments to
fund broadband infrastructure at high performance standards that provides at least 100/20 Mbps
service, and ideally 1 Gbps symmetrical service, without harmful data caps, to ensure that federal
funds are spent only on broadband that will provide meaningful service for current and future
essential applications; and
BE IT FURTHER RESOLVED that NLC encourages the FCC to close the “homework gap” in
low-income households through the support of low-cost plans, including access provided by
local governments; and
BE IT FURTHER RESOLVED that NLC opposes any efforts by the FCC to reverse
modernization of the critically important E-Rate and Lifeline programs; and
BE IT FURTHER RESOLVED that NLC supports expansion of the U.S. Department of
Agriculture’s Rural Utility Service Broadband program beyond loan guarantees to include
grants, and an increased population threshold for eligible areas to at least 20,000 so that more
areas may take advantage of this financing; and
BE IT FURTHER RESOLVED that NLC calls on Congress to increase funding for
Community Development Block Grants and Choice Neighborhood Grants, which allow local
3
Pew Research Center, “Nearly one-in-five teens can’t always finish their homework because of the digital divide,”
October 26, 2018.
2021 Information Technology and Communications
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