Bill diminishes local control over utility pole attachments

At a recent visit with state Rep. Donna Lichtenegger during the Missouri Municipal League's (MML) recent Legislative Conference, she mentioned that the Republican Party stood for local control. This is a good platform since it is certainly true that local governments are closest to the people. It also is true that our local governments have a commitment to protect our citizens, their homes and their neighborhoods. They do this through carefully designed and well thought out zoning and land-use regulations.

Unfortunately, our Republican-led General Assembly through House Bill 1454, sponsored by state Rep. Katherine Swan and co-sponsored by state Rep. Donna Lichtenegger, is attempting to seriously undermine local authority to regulate telecommunications companies in the construction, replacement and upgrading of cell towers and wireless antennas.

If a company wants to build a cell tower in the middle of a residential neighborhood, they should have to go through the process established by our Planning and Zoning Commission, which includes public hearings that the residents of that neighborhood can attend and provide input.

This legislation, which was written by the well-funded telecommunication industry, is being "fast tracked" through the General Assembly to take away this local control. It seems this industry-written legislation sees no role for the general public and fails to understand that citizens have a right to basic zoning and land use protection.

Our local governments welcome and support wireless expansion and upgrades of broadband to take advantage of new technology, but this legislation and other bills dealing with the use of rights of way and utility pole attachments are an infringement on the rights of local citizens/taxpayers.

Actually, the telecommunications industry has made the claim that some cities are using their zoning permit processes to hold up the progress of their companies, charging excessive fees for them to use the taxpayer-owned utility poles, and charging excessive rights of way fees.

State Sen. Wayne Wallingford mentioned to our Jackson MML delegation that while our city doesn't do that, the telecommunications industry needs this legislation to protect against those "other cities." Imagine my surprise, when a senator from Springfield used this same excuse with his constituents -- but mentioned our city of Jackson as one of "those cities" that has charged the telecommunications companies excessive fees for pole attachments and rights of way.

In truth, we charge $0 (that's nothing, nada, zilch) for them to use our rights of way.

Since our electric ratepayers spend thousands of dollars per utility pole to acquire right of way, design, install and maintain those poles, they deserve a rental fee for allowing others to use the poles. The formula we use for establishing our pole attachment fee follows the Federal Pole Attachment Law guidelines.

This scenario makes me wonder if there really are any of those "other cities" or if this is just a convenient way for our legislators to get around having to address the concerns of our municipalities. When the telecommunications lobbyists mention those cities that are creating problems, our lawmakers should remember that they are from the Show-Me State. They should ask to see factual, detailed evidence of those problems before passing legislation that would limit local control.

Barbara Lohr is the mayor of Jackson.