Legislative Trends in the 5G field in the United States
November 20, 2019 09:43 Source: "China Social Sciences" November 20, 2019, Total No. 1819 Author: Du Weichao

5G communication technology is the key technology of the current era of intelligence,It is also a hot spot for international science and technology competition,The United States is one of the main competitors of China in the field of 5G technology。The perfect legal system is the institutional guarantee of science and technology development,With 5G technology in recent years, it has gradually entered the commercial deployment stage,The legislation of the United States in the 5G field enters the climax period,Comprehensively advance at the federal and state level,This trend is worthy of attention,I thought that 5G development related work in my country provides a reference。

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First,Pay attention to top -level collaboration。Senate and House of Representatives passed the bill,Requires to establish national goals,Take various means to support 5G deployment。Multiple bills in the two hospitals,Leading coordinating agencies to promote the establishment of 5G development: Establish the State Telecom and Information Administration,Coordinate the establishment of 5G strategies; establish an Internet connection and growth office,Study to simplify administrative procedures,Support the development of broadband Internet; establish a guidance committee of federal work group and stakeholders,Assist the development of the Internet of Things; establish a association between smart city institutions,Coordinating the construction of smart cities; requiring the Federal Communications Commission (FCC) to establish a rural telecommunications and broadband consulting committee,Promoting 5G deployment of rural areas。

Bet365 app download Second,Provide funding support。Legislative requires federal funds should give priority to supporting wireless broadband suppliers of wireless small base stations.、American Green Bank、US Construction Trust Fund and other financial institutions,Provide funds for the construction of wireless communication infrastructure; for smart cities、Smart Transportation System、Rural wireless broadband construction and other fields issued a bill,Provide special federal subsidies、Loan、Loan Guarantee、Tax discounts and other financial support; the leasing costs of telecommunications facilities on the federal land are used to develop federal land and other nearby telecommunications stations。

third,Strengthening spectrum management。The FCC requires FCC to provide additional spectrum for 5G,Promote the full coverage of broadband; determine the frequency spectrum of commercial auction from 27500MHz to 52600MHz,and determine the spectral spectrum between 71250MHz and 84000MHz for unauthorized use; provide additional spectrum broadband for rural areas,Use some spectrum auction funds to fund the construction of small wireless base stations in rural areas。

Fourth,Relax legal control。Promoting a small base station bill,small base stations in the Rights of Way of the Public Road are exempted from almost all local administrative regulations in all local administrative regulations; the 1934 Communication Law,And stipulates that FCC shall not be set up for the installation of 5G base station equipment in accordance with the 1969 National Environmental Policy Law or the United States Code Environmental Protection Related Code; Less than 50 feet high base stations are exempted from the legal review of environmental protection and historical protection。

Fifth,Clarify the principle of non -discrimination。bet365 Play online games Requires the municipal authorities to open the right to open 5G facilities,Allows 5G small base stations to connect to the municipal authorities to owns or operate and operate in the public road right (mainly electric poles); prohibit the review standards for 5G service operators than other communication service providers,If you must not improve industry standards or architectural specifications,No additional license、Franchise Agreement,Do not set up additional preparation procedures; prohibit municipal authorities from using small communication equipment and services for free,Unless it provides public spaces on the electric pole or pays the market price。

Sixth,Simplify the administrative approval process。FCC approved the simplified administrative license process of 5G small base stations;,Used to reduce the application fee,Simplified road right acquisition and broadband deployment process; encourage states to allow wireless service providers to submit single applications and licenses for multiple facilities in administrative approval,Encourage the decision to make the use of land use permits in a single program; multiple state legislators have promulgated a small base station bill,Simplified administrative approval procedures。Most states start implementing the "One Touch Make Ready" policy,The owner of the electric pole is required to allow a single construction personnel to change multiple public wires,Set up the audit window period; the House of Representatives also passed the bill,Instructions FCC's demonstration policy for "one preparation" to each state。

Seventh,Reduce construction cost。The financial cost of the legislation of each state reduce the administrative license of 5G,If the right to collect the right to collect must be related to the reasonable and direct cost of road right management; only when the service Bet365 app download provider does not pay the state telecommunications tax,Local rights can be levied by the right to use roads; other fees are prohibited from collecting other fees; local administrative authorities are required to bear the liability for proof of the cost of charges。Each state also legislative stipulates the time limit for administrative approval of 5G construction,To reduce time cost,A small base station bill issued by all states stipulates the time limit for administrative approval,Some states also attached the "deemed to be awarded" clause,If the authorized agency fails to approve or refuse to apply within the prescribed period,Application is deemed to have been approved。

  US 5G legislation is facing resistance

Due to the unique political and legal system in the United States,The legislation in the aforementioned 5G field is facing a lot of resistance during the advancement process,Delayed the legislative process,It also weakened the legislative effect。

First,Insufficient power of the legislature。First,Insufficient forces of legislative agencies to promote legislation: US Congress as a legislative agency,Only responsible for reviewing the bill,There is no unified legislative planning and execution department,Most proposals come from political parties、Interest Group or Executive Agency,The passage of the bill requires a series of compromise and interest exchange,and a large number of debates and discussions,Make the legislative efficiency extremely low。Acts in some 5G fields,Ge Ge under the party politics or interest group cannot be passed or even rejected。Another,The legislative branch of the United States is also insufficient in the face of judicial branches,American courts can use the right to judge the right to obstruct the implementation of the bill。For example, the 5G small base station deployment bill passed by Ohio is widely opposed,bet365 Play online games Later in the lawsuit of more than 70 cities, it was ruled to be violated and cannot be executed。

Second,Local authorities seek to retain supervision power and confront legislation。Due to the decentralized system between the United States Federation and the state,There are quite a lot of autonomy,Acts at the federal level often cannot be enforced。Various requirements to relax the legislation of 5G supervision,Actually weakening the local supervision power,Treating the confrontation tendency of the local authorities。For example,Although a number of national bills and FCC rules have been introduced, they require relaxation of the control of 5G deployment,But the deployment regulations drafted by multiple municipal governments still adhere to their own supervision rights,conflict with the rules of these bills; although Congress passed the bill to relax history and culture in 5G deployment,But Pennsylvania, Pennsylvania, still adopts a decree,It is forbidden to deploy wireless transmission equipment on any property that is considered historically value; although Congress passed the bill,Limit the ability of the municipal authorities to supervise the position of the central base station equipment in the public road,But many cities in Indiana and parliament united to overthrow this bill。

third,The neighbor effect of local residents。Although scientific research fully shows that 5G base station radiation does not have obvious health damage to the human body,Even the larger the density of the base station, the smaller the radiation,However, many American residents due to insufficient scientific literacy,Still rejecting 5G base standing near the community for fear of radiation。Residents organized to oppose 5G deployment,Because American politicians have to please voters to get votes,This bet365 live casino games action is often successful。For example, the residents of Maryland set up the state alliance against the state government 5G deployment of the streamlined bill,Inquiry of legislators,The bill was eventually abolished; although California has already passed 5G deployment related bills,But the governor under the pressure of the resident group,Finally rejected the bill。Residents also joined or set up various anti -5G environmental protection organizations,Tracking various 5G deployment bills and decisions,Writing to Members、Organization protest、Participate in hearing and other methods,Organized 5G deployment,and often succeed。

  Revelation of the 5G development of our country

It can be seen through the above sample,American legislators have already realized the importance of 5G technology,And has actively launched legislative practice,Among them, both experience and lessons。Based on this,Can make the following suggestions for the development of 5G in my country。

First,To give full play to my country's institutional advantage,Concentrated strength to do big events。Strengthen the top -level design,Formulate development planning; the country actively provides a system、Finance、Technical comprehensive support; coordinate the interests of all parties,Promote benign competition,Avoid vicious competition and unnecessary internal consumption。Second,Strengthen the construction of the supporting system,Provide a good institutional environment。Legislative relaxation of various controls,Reduce 5G deployment costs; simplify various administrative approval procedures,Accelerate 5G deployment speed; accelerate spectrum management legislation and system construction,Create conditions for the rapid and orderly deployment of 5G。third,Pay attention to popular science propaganda,Strengthen public opinion monitoring。bet365 live casino games Vigorously promote the convenience and safety of 5G,Guide the public to correctly recognize 5G technology,Deflicting the public's concerns; strengthen monitoring guidance for various public opinion involving 5G technology,Until silence involved in 5G,To resolutely rumor in time,and investigate legal responsibility in accordance with the law,Avoid misleading people。

 (The author is a researcher at the Chinese Institute of Modernization of China Law of Nanjing Normal University)

Editor in charge: Wang Ning
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