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San Leandro Commercial Broadband Strategy 4. Broadband Policy Benchmarking 4.1. Policy environment In general, California and federal policy is moving towards greater support of broadband projects and services. The Federal Communications Commission has enacted rules that attempt to put limits on local and state review of cell tower permit applications, for example. On the other hand, those rules are being challenged and so far the federal courts have not allowed a complete preemption of local authority by the FCC. Other rules streamline procedures for installing new cables on existing utility poles. Bay Area congresswoman Anna Eschoo introduced a bill (HR 1695) that would require federal agencies engaged in highway construction projects to routinely install broadband conduit at the same time. This initiative was similar to an executive order issued in 2006 by then California Governor Arnold Schwarzenegger. Besides directing state agencies to include conduit in construction projects, the order included expedited review of broadband projects by state agencies, such as Caltrans, and severely limited fees that may be imposed on broadband projects in order to permit access to public right of ways. The order also created a California broadband task force that issued a report 6 that made further recommendations to encourage the growth and deployment of broadband facilities. In general, it discussed steps that can be taken to support the deployment of both wired and wireless facilities. Those recommendations included greater state funding for broadband projects, using the state's purchasing power and anchor tenant status in many locations to support improved infrastructure and creating statewide standards for broadband construction projects. Other broadband policies initiatives are being pursued at a local level. Cambridge, Massachusetts has implemented an "open trench" policy that requires cooperation with broadband providers when street cuts are made and generally requires open access to conduit when space is available. In Santa Cruz, California the city council has enacted an open data policy and embarked on a project to provide a greater degree of online access to public documents and to 6 The State of Connectivity: Building Innovation through Broadband, final report of the California Broadband Task Force, January 2008. 16 July 2012 TellusVenture Associates Page 20