New Jersey-2024-AJR192-Introduced

A Joint Resolution respectfully urging Congress and the President of the United States to enact the "Securing Local Communities Input in Broadband Development Act."

Whereas, United States Representative Christopher H. Smith introduced the "Securing Local Communities Input in Broadband Development Act" in April 2024; and

Whereas, This bill nullifies actions by the Federal Communications Commission (FCC) taken in the "Accelerating Wireless and Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment" (83 Fed. Reg. 51867) a declaratory ruling and order and in the FCC's Declaratory Ruling in the "Third Report and Order and Declaratory Ruling" (FCC 18-111); and

Whereas, The "Accelerating Wireless and Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment" (83 Fed. Reg. 51867) is a declaratory ruling and order in which, among other actions, the FCC establishes specific allowable fees associated with the deployment of small wireless facilities, a new standard for the timeline of processing and deploying small wireless facility applications, and preemption of certain state and local infrastructure requirements as they pertain to aesthetic concerns; and

Whereas, The FCC's Declaratory Ruling in the "Third Report and Order and Declaratory Ruling" (FCC 18-111) adopted new rules which, among other actions, focus on accelerating broadband deployment and preempt state and local statutes, regulations, and other legal requirements that expressly, or in effect, prevent or suspend the acceptance, processing, or approval of applications or permits necessary for deploying telecommunications services or facilities; and

Whereas, The "Securing Local Communities Input in Broadband Development Act" would remove the FCC's ability to place certain limits on local governments input on the implementation of broadband infrastructure, including the construction of 5G telecommunications infrastructure; and

Whereas, The proliferation of 5G towers is a current issue in the State of New Jersey, as Verizon Wireless is currently seeking to build approximately 20 5G towers in the Borough of Belmar; and

Whereas, United States Representative Smith has stated that while the implementation of 5G can help the State's economy and telecommunications networks, it should not be done at the expense of local input or under unreasonable time restraints and, instead, should be a process that balances the concerns and needs of the local community with the desires of utility and telecommunication service providers; now, therefore,

Be It Resolved by the Senate and General Assembly of the State of New Jersey:

1. The State of New Jersey respectfully urges Congress and the President of the United States to enact the "Securing Local Communities Input in Broadband Development Act."

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly or the Secretary of the Senate to the President of the United States, the Speaker and the Minority Leader of the United States House of Representatives, the Majority and Minority Leaders of the United States Senate, and each member of Congress elected from this State.

3. This joint resolution shall take effect immediately.

STATEMENT

This joint resolution urges Congress to pass, and the President to sign, the "Securing Local Communities Input in Broadband Development Act" (the Act). The Act would remove the Federal Communications Commission's ability to place certain limits on state and local governments input on the implementation of broadband infrastructure, including the construction of 5G telecommunications infrastructure.