ab57 – Steve Blum's Blog

California’s deemed granted wireless permit battle begins as T-Mobile takes on San Francisco

1 December 2020 by Steve Blum
ab57, fcc, mobile broadband, public policy, wireless permitting

Shot clocks only matter if a referee blows the whistle. California and federal laws, and Federal Communications Commission regulations set deadlines of anywhere from 60 days to 150 days for local agencies to approve or deny permits for construction or modification of wireless facilities, including cellular sites. In theory, when the deadline passes, the permit is deemed granted (or deemed approved, per California’s law). In practice, I’ve never seen a mobile company try to exercise deemed granted privileges in California.… More

Forcing mobile carriers to share light poles isn’t a practical possibility

25 November 2020 by Steve Blum
ab57, fcc, pole attachment, public policy, small cells

One question I often get is can local or state governments require mobile carriers to share cell sites, particularly small ones that can be attached to something like a street light pole?

No.

There are technical issues with carriers sharing big, macro site towers, but those are generally solvable if the tower is big enough, and cities can sometimes pressure or cajole carriers to work together. A major consideration is whether the location of a given tower meets the engineering requirements of a mobile carrier.… More

Federal appeals court says no do over, FCC muni pole ownership preemption stands

23 October 2020 by Steve Blum
ab57, fcc, pole attachment, public policy, small cells

If cities and counties want to continue fighting the Federal Communications Commission’s preemption of local ownership of street light poles and other municipal property planted in the public right of way, they will have to take their case to the federal supreme court. In a ruling issued yesterday, the San Francisco-based ninth circuit court of appeals denied a request for a rehearing of a ruling made earlier this year by a three-judge panel that largely upheld the FCC’s authority to dictate the rates and terms for attaching wireless equipment to city-owned poles.… More

FCC wants to allow cell sites to grow 30 feet in any direction, without meaningful local review

12 October 2020 by Steve Blum
ab57, fcc, mobile broadband, psps, public policy, wireless permitting

Local governments will have to automatically permit expansions of cell sites and other wireless facilities beyond currently approved boundaries, if the Federal Communications Commission approves a draft of new wireless facilities regulations. As it all but certainly will – the changes to existing wireless permitting rules are part of a bundle of significant changes to telecommunications policy that the republican-majority FCC has queued up for a vote just ahead of the November election.

As the rules stand now, local governments “may not deny, and shall approve” within 60 days modifications to existing wireless sites that are outside of the public right of way so long as the changes “do not substantially change the physical dimensions of the structure”.… More

Cities, counties decide to keep fighting FCC’s pole ownership preemption

29 September 2020 by Steve Blum
ab57, fcc, pole attachment, public policy, small cells

Dozens of cities, counties and their associations yesterday asked a federal appeals court to reconsider a decision that blessed the Federal Communications Commission’s preemption of local ownership and control of streetlights and other assets installed in the public right of way.

In August, the cities’ challenge to the FCC’s ruling was mostly rejected by three judges from the San Francisco-based ninth circuit federal appeals court. The next step is to ask all 29 judges on that court to review the decision as a group – en banc, as the jargon goes.… More

A new appeal of FCC’s local pole ownership preemption could come today

28 September 2020 by Steve Blum
ab57, fcc, pole attachment, public policy, small cells

At least some of the cities that challenged the Federal Communications Commission’s preemption of local ownership and control of street lights and other government property installed in the public right of way are considering continuing the fight. Last month, three judges on the federal appeals court based in San Francisco – the ninth circuit, as it’s called – said the preemption is mostly within the FCC’s authority, although they trimmed back restrictions on local aesthetic requirements for wireless facilities.… More

The best way for cities to prepare for 5G is to get 4G right

11 September 2020 by Steve Blum
5G, ab57, mobile broadband, pole attachment, public policy

There are differences between 4G and 5G facilities, but not necessarily meaningful ones from a policy perspective. For most people, the two will look the same, except the 5G facility might be smaller and is likelier to look more integrated, without so many obvious components and visible wires, although there will be no shortage of exceptions. Mostly it’s because 5G technology is newer and they’ve had more time to work on it. In theory (there aren’t a lot of actual small 5G installations to go by yet) 5G facilities should be smaller than 4G, and easier to integrate into a street light or utility pole.… More

FCC preemption of local streetlight pole ownership upheld by federal appeals court

14 August 2020 by Steve Blum
ab57, fcc, pole attachment, public policy, small cells

The Federal Communications Commission can preempt local ownership of streetlight poles and other municipal property planted in the public right of way, according to a ruling on Wednesday by a three judge panel of the federal appeals court based in San Francisco. They mostly upheld three decisions made by the FCC in 2018, including one that effectively gave wireless companies freedom to mount equipment on streetlight poles at will, and only reimburse cities or other public agency pole owners for costs incurred.… More

FCC limits on cell site expansion permits challenged by California cities

26 June 2020 by Steve Blum
ab57, fcc, mobile broadband, public policy, wireless permitting

California cities are pushing back against the tighter limits on wireless infrastructure permit reviews that the Federal Communications Commission approved in a party line vote earlier this month. Three cities in Los Angeles County – Glendora, Rancho Palos Verde and Torrance – and the California and Oregon leagues of cities filed a challenge to the FCC’s ruling with the San Francisco-based ninth circuit federal appeals court.

The FCC ruling said cities, or other local agencies, can’t delay starting a 60-day federal shot clock and can’t add aesthetic requirements when granting permit for expansions or other additions to cell sites and towers, or other wireless facilities, so long as the changes are within certain limits.… More

Tight limits on local review of cell site expansions just got tighter, as FCC widens preemptions

15 June 2020 by Steve Blum
ab57, fcc, mobile broadband, public policy, wireless permitting

On a party line vote last week – republicans yes, democrats no – the Federal Communications Commission further preempted local government control over wireless facilities such as cell sites and towers. The ruling tightens enforcement of a 60-day shot clock for local permit approval of what it reckons to be minor modifications to a site. If time expires, the permit is "deemed granted. It also bans additional aesthetic requirements and widens a loophole that allows wireless companies to escape existing ones.… More