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

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

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

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 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

Federal appeals court judges hearing the challenge brought by local governments to the Federal Communications Commission’s 2018 preemption of ownership and control of street lights tried to get an FCC lawyer to explain how the commission settled on $270 as the allowable annual pole rental limit. The attorney, Scott Noveck, couldn’t oblige judges Jay Bybee and Mary Schroeder…

Bybee: I’d still like you to get to how you get to the $270.

Novek: So your honor, what I believe happened is that the commission took a look at various state small cell bills…

Bybee: It’s interesting, counsel, that you just characterised it as ‘you believe’.

Federal appellate judges drilled down into arguments made by local governments and the Federal Communications Commission on Monday, as they considered a challenge to the FCC’s 2018 decision to cap rental rates for locally owned street light poles and other assets in the public right of way, and effectively give mobile carriers unfettered use of public property.

One justification for this preemption of local property ownership was that if big cities with big potential for subscriber revenue charge high fees, then carriers like AT&T and Verizon won’t have money left over to spend in less profitable small cities and rural communities.… More

The Federal Communications Commission defended its 2018 preemption of local property ownership and permitting authority in front of a panel of three federal appeals court judges in Pasadena yesterday. Its lawyers faced some pointed questions from the judges.

FCC attorney Scott Noveck tried to dance around the reality of the FCC’s preemption order and claim that it really wasn’t doing much at all, particularly in regards to limits on the aesthetic requirements that cities can impose on wireless facilities.… More

Local ownership of street light poles and other facilities planted in the public right of way is at stake, as lawyers for dozens of cities and counties and the Federal Communications Commission square off in a Pasadena court room later this morning.

A panel of three federal appellate court judges will hear arguments about why, or why not, the FCC has the authority to tell local agencies how much they can charge mobile carriers to attach equipment to their poles, and to largely replace negotiated rental contracts with simple, non-discretionary permits.… More