Regulatory


5G and Cities - Regulatory

5G will require significant Densification of the network infrastructure to put antennas closer to users. This process will be dominated by increased fiber optics and small cell deployments. The move to regulate these deployments has been active on the Federal and State level. 28 states have enacted laws designed to speed up deployment while an objection to new rules is being heard on the Federal Level.


 

Federal

2 Federal actions are currently impacting 5G roll out in the United States as well as an active objection in the 9th Circuit Court.

These federal actions are very similar to the laws passed in 28 states.

 

State


 

Key Points of State Laws adopted in 28 states.

  1. Processing times for applications for small cells to be shortened to either 60 or 90 days, depending on whether they are being mounted on an existing or new structure;
  2. Application fees for small cells to $100 per site, and recurring fees to $270 per site, per year, for small cells in the rights-of-way;
  3. Prohibit cities from assessing fees that include anything other than a “reasonable approximation” of “reasonable costs” directly related to maintaining the rights-of-way and the small cell facility; and
  4. Limit aesthetic review and requirements (including undergrounding and historic/environmental requirements) to those that are reasonable, comparable to requirements for other rights-of-way users, and published in advance.

 

Model Municipal Code

The National Association of Counties (NACO) and the National Association of Telecommunications Officers and Advisers (NATOA) together with the National League of Cities have authored a model code to help cities and communities develop their own policy.

 



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