AT&T Mobility is suing the City of Corvallis, Oregon, alleging that the city is attempting to charge excessive fees for the carrier to deploy small cells in the rights of way and for violation of the small cell shot clock.
In the last year, AT&T has been negotiating with the city for a master right-of-way use License Agreement (MLA) that would govern AT&T’s installation of small cell facilities on utility poles in the public right-of-way.
“However, the City’s proposed MLA incorporates a schedule of fees, which would be charged in connection with applications for installation of small cell facilities in the City, and which are excessive and violate federal law. As a result, AT&T has been unwilling to sign the City’s proposed MLA,” the complaint said.
The FCC’s Small Cell Order set presumptively reasonable annual recurring right of way access fees at $270 for each small cell pole attachment and $500 as the presumptively reasonable application fee for up to five small cell pole attachments. The city set the access fee at 7 percent of all gross revenue earned by the applicant within the city. For the annual recurring fee, the city seeks to charge, $728.16 for each small cell facility in the right-of-way. Additionally, the City seeks to charge a quarterly licensee fee of $786.68 or $3,146.72 per year. And the site license application fee was set at $1,241.12 per application.
AT&T said the Small Cell Order shot clock for the application expired on Oct.13, 2020, without action by the city.