NLC Leaders Advocate for NLC Priorities on Capitol Hill

FCC Notice of Inquiry on Rights of Way Compensation

New Legislation Calls for Investment in Infrastructure Maintenance 

Interoperable Public Safety Network Takes a Major Step Forward

Senate Releases Discussion Draft of WIA Reauthorization Bill

House Cuts Funding for Rural Development and Food Aid

House Passes Homeland Security Appropriations Bill 

Last week, members of the NLC Board of Directors and Hispanic Elected Local Officials group met in Washington for meetings on Capitol Hill, the White House and the U.S. Department of Transportation to urge support for local priorities, including reauthorization of federal transportation legislation, funding for the Community Development Block Grant (CDBG) program, and comprehensive immigration reform.

According to NLC First Vice President Ted Ellis, mayor of Bluffton, Indiana, the advocacy day served as "a call to action" for NLC members to speak out on programs that are critical for providing community services and that are key to both local and national economic growth and vitality.

Read more about the recent lobby day in the June 13 edition of Nation's Cities Weekly.  

FCC Notice of Inquiry on Rights of Way Compensation
Laura Bonavita, bonavita@nlc.org, 202.626.3037

In April, the Federal Communications Commission (FCC) issued a Notice of Inquiry (NOI) seeking information on a number of issues dealing with local public rights-of-way management and compensation. The agency seeks to work together with state and local governments, industry, and other stakeholders to identify ways to improve rights-of-way polices and wireless facilities siting requirements, with the ultimate goal of increasing broadband deployment across the country. As responses to the NOI could potentially have far-reaching implications for localities around the country, NLC once again encourages cities and towns to submit initial comments to the FCC by the July 18 deadline. 

Specifically, the NOI seeks information and data regarding challenges, best practices, and educational efforts so the FCC can accurately determine the need for policy and rules surrounding deployment. Some questions posed by the FCC directly challenge local governments' land-use authority. Any regulatory action taken by the FCC that limits or changes the way localities are permitted to collect compensation for use of the rights-of-way could drastically reduce local government revenue.

NLC and its colleagues at the U.S. Conference of Mayors, the National Association of Counties, the National Association of Telecommunications Officers Association, the Government Finance Officers Association and the International Municipal Lawyers Association will also file comments jointly that encompass the broader policy issues underlying the NOI.

Recognizing that the policies surrounding rights of way are complex and that state and local administrative requirements often reflect important community- specific public interest objectives (such as ensuring public safety and maintaining the roadways and other infrastructure investments), the coalition urges all of its members to file individual comments. Responses from communities of all sizes will provide the FCC with an accurate, detailed record of broadband deployment issues so that it can have a factual basis to determine the nature and extent of any problems.

To assist cities and towns with submitting comments to the FCC, NLC has posted several templates, instructions, and additional NOI information online at www.nlc.org.

New Legislation Calls for Investment in Infrastructure Maintenance
Leslie Wollack, wollack@nlc.org, 202.626.3029 

As House and Senate Committees move closer to releasing surface transportation authorization legislation, Senator Ben Cardin (D-MD) introduced a bill on Tuesday to ensure that states invest in maintenance of highways and bridges.

The Preservation and Renewal of Federal-Aid Highways Act (S.1193) would require the U.S. Department of Transportation to establish "state of good repair standards," to develop preservation plans in order to achieve a state of good repair, and to consolidate current maintenance programs to make it easier for states to put funds where they are most needed.

The Senator, a member of the Senate Environment and Public Works Committee, noted a recent study by transportation research organization TRIP that 32 percent of America's major roads are in poor or mediocre condition-a statistic that reflects an increased number of fatal traffic accidents, greater repair costs for motorists, and additional urban highway congestion. He also noted that the roads become more costly to repair as they further deteriorate.

Interoperable Public Safety Network Takes a Major Step Forward
Mitchel Herckis, herckis@nlc.org, 202.626.3124

In recent weeks, Congress and the Administration have taken additional steps to make a nationwide interoperable public safety communications network a reality. Building this network is one of the last outstanding recommendations of the 9/11 commission and has long been a public safety priority for NLC.

Last Wednesday, the Senate Committee on Commerce, Science, and Transportation approved bipartisan legislation to reallocate existing spectrum to create a nationwide public safety communications network. The Strengthening Public Safety and Enhancing Communications Through Reform, Utilization, and Modernization Act (S. 911) facilitates negotiations with broadcasters to sell underutilized spectrum, which would then be auctioned off to wireless companies. A portion of the proceeds would then go towards the building and maintenance of the public safety communications network. The legislation passed the committee by a vote of 21 to 4.

On Thursday, the White House convened key stakeholders, including NLC, to discuss the status of plans to build the network if and when the legislation is passed by Congress. Besides NLC, Vice President Joe Biden, FCC Chairman Julius Genachowski, DHS Secretary Janet Napolitano, Attorney General Eric Holder, and Maryland Governor Martin O'Malley, attended the meeting.

Senate Releases Discussion Draft of WIA Reauthorization Bill
Neil Bomberg, bomberg@nlc.org, 202.626.3042

Last week, the Senate Committee on Health, Education, Labor and Pensions (HELP) released discussion drafts of Title I (governance and infrastructure), Title II (workforce investment and related activities), Title III (adult education), and Title IV (amendments to the Wagner-Peyser Act) of the Workforce Investment Act (WIA) reauthorization bill.

All three drafts address many of NLC's key concerns with the current Workforce Investment Act. The drafts call for the following changes:

• Streamlining the governance structure of the state and local workforce systems by making more clear the responsibilities of governors, state workforce boards, local elected officials and local workforce boards;
• Allowing for the creation of regional workforce areas, either by designating regional workforce development areas or creating regional planning districts that include two or more workforce development areas established under WIA;
• Enhancing the role of local elected officials by giving them more and clearer responsibility for planning and implementing workforce development programs in their communities; and
• Creating common performance measures across all WIA programs to ensure greater accountability.

In coming weeks and months, the Senate is expected to hold hearings, mark up legislation, and bring a WIA reauthorization bill to the floor for consideration.

House Cuts Funding for Rural Development and Food Aid
Stephanie Spirer, spirer@nlc.org, 202.626.3030 

On Thursday, the House passed the FY 2012 agriculture appropriations bill by a vote of 217-203, cutting discretionary funds by $2.7 billion from FY 2011 levels ($5 billion less than the President's request). Under the bill, rural development programs, which include rural water and waste programs, loans to rural businesses and low-income rural families, and funds for broadband infrastructure, will receive $338 million less next year. In addition, the Women, Infants and Children (WIC) nutrition program will lose $686 million in funding.

NLC has already begun lobbying the Senate and urging appropriators to protect funding for these programs. See a joint letter to the leaders of the Senate Appropriations Subcommittee on Agriculture, Rural Development, FDA and Related Agencies.

House Passes Homeland Security Appropriations Bill
Mitchel Herckis, herckis@nlc.org, 202.626.3124 

Earlier this month, the House passed the Department of Homeland Security (DHS) Appropriations Act of 2012 (H.R. 2017). The bill calls for funding cuts to state and local homeland security grant programs of more than $1.5 billion from the current fiscal year and merges funding for several key grant programs-such as the State Homeland Security Grant Program (SHSP) and Urban Area Security Initiative (UASI)-into a single $1 billion dollar pot. UASI and SHSP were funded at close to $1 billion on their own in FY 2010.

The bill also substantially cuts funding for Assistance for Firefighters from $810 million (FY 2011) to $670 million. In addition, the bill calls for changes to the process for distributing UASI and SHSP funds. Currently, they are allocated on a formula basis; under the bill, funds for these programs would be awarded on a competitive basis. NLC opposes this change in the absence of any analysis of how communities would be impacted by it.

The Senate has not scheduled a hearing to consider this legislation.