Wireless carriers and the companies that build towers for them have begun flooding city and county permitting offices with applications for attaching small cells to poles and building new ones. Cities that normally see a few dozen such applications yearly began in 2016 to get hundreds, such as Houston. Montgomery County said it had at one point more applications filed in four months than in the previous 18 years.
Wireless companies complain local governments can’t process the permits fast enough because their systems are set up to review applications for massive cell towers, not the small cells they claim are less intrusive. The process needs to move quickly, they say, because 5G requires so many more cells, and they want to beat other countries to set standards.
The FCC issued a notice in April that it would consider rules to streamline cell deployment by reducing the time cities’ and counties’ have to review applications. The agency also said it would study, with the possibility of proposing rules later, both how the FCC could limit cities’ requirements on the look and design of small cells, and if local fees to attach to poles are excessive. The FCC also asked for ways it could amend its own rules. The agency may consider the proposals by the summer.
Pai, a former attorney for Verizon, also created last year a committee of representatives mostly from the wireless industry to develop model codes that cities and counties can adopt to speed the permitting of small cells and to reduce costs to telecoms. The committee is considering proposals, which it plans to formally submit to the FCC later this spring, that run the gamut, from simply calling on cities and the wireless industry to work together to controversial recommendations such as capping what cities charge to attach to public property.
Mayor Sam Liccardo of San Jose, California, one of the few members on the committee representing local interests and who has been critical of wireless companies’ efforts to weaken local rules, resigned from the group in January, saying the wireless industry “has sought to create a set of rules that will provide it with easy access to publicly-funded infrastructure at taxpayer-subsidized rates, without any obligation to provide broadband access to underserved residents.”
In response, Pai said in a statement that the committee has “brought together 101 participants from a range of perspectives” and he looks forward to working with the committee and others “to remove regulatory barriers to broadband deployment and to extend digital opportunity to all Americans.”
Bipartisan agreement
Congress is also weighing in — in rare bipartisan fashion — on the side of the telecom firms. Numerous bills in both the Senate and House would ease regulations and fees for erecting cells on federal lands, such as a bill the Senate passed last summer that would exempt certain small-cell deployments from environmental and historic reviews. The bill, which the House has yet to consider, is sponsored by South Dakota Sen. John Thune, the Republican chairman of the Commerce, Science and Transportation committee, and Sen. Bill Nelson, D-Fla., the ranking member of the committee.
Also last year, Thune joined Democratic Sen. Brian Schatz from Hawaii to circulate a draft bill that rolls back local government control over wireless facilities including small cells, including shortening the permit review times to 60 days on applications to collocate wireless facilities and 90 days for other wireless applications — the same time frames wireless providers are asking the FCC to consider.
Sens. Roger Wicker, R-Miss., and Catherine Cortez Masto, D-Nev., introduced a bill that would exempt small cells being deployed in a public right of way from environmental and historical reviews under certain circumstances. A companion bill is in the House. Numerous other bills are moving through the House
Wicker and Thune are among the top 25 senators who have received the most campaign contributions from AT&T and Verizon since 2010, pulling in $32,500 and $30,500, respectively, according to the Center for Responsive Politics. Schatz has received $29,000 from the two carriers, the third most among senators since 2014, when he ran his first campaign.
With such bipartisan support in Congress, and with an FCC that is sympathetic to telecoms, cities view their control over small cells as slipping away. That leaves people like King resigned to what is coming.
“A Russian woman stood up to speak at one of these public meetings, and she said that when she lived in Russia, the government slam dunked her and she had no say,” King said. “Now she lives in the United States of America, where she’s getting slam dunked by the government and she has no say. That gives you a window into what’s going on here.”