http://eprints.lse.ac.uk/105801/1/Urban_Futures_with_5G_RM_JCP_2020_small.pdf

Quotes from the conclusion:

“The press covers security and data control issues but not in a way
that is likely to inform citizens about the potential risks of 5G.”

“More prominence needs to be given in media coverage to citizens’
voices and local city government concerns.”

“5G media coverage results in a void in which 5G/Covid-19
conspiracy theories can thrive“

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By ANDREA NOBLE SEPTEMBER 22, 2020

The 9th U.S. Circuit Court of Appeals largely upheld FCC rules limiting local government’s ability to regulate 5G infrastructure and cap fees. Cities involved in the case have until Sept. 28 to file an appeal, but some experts say the ruling wasn’t all bad.

Dozens of cities and counties were on the losing end of a federal court decision last month that largely upheld Federal Communications Commission rules restricting their ability to regulate technology for 5G infrastructure.

Local governments that objected to the rules now have until Sept. 28 to file an appeal for a new hearing before the entire 9th U.S. Circuit Court of Appeals—a step at least some are considering.

“We are speaking with our clients right now about whether or not to do that,” said Gerry Lederer, an attorney with Best, Best and Krieger, who represents the National League of Cities and a coalition of cities and counties in the litigation.

Read more at https://www.nextgov.com/emerging-tech/2020/09/after-decision-upholding-fccs-5g-rules-cities-now-weighing-appeal/168658/

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August 12, 2020

A federal appeals court has upheld a 2018 decision by the Federal Communications Commission (FCC) to cap fees for wireless carriers to deploy small cells which are essential for the adoption of 5G networks.

The 9th U.S. Circuit Court of Appeals in San Francisco on Wednesday largely upheld the three orders the FCC adopted in 2018 to speed 5G deployments, despite objections from dozens of U.S. cities.

The decision is a win for wireless carriers like Verizon Communications, AT&T, and T-Mobile US. AT&T said in 2018 that excessive fees sought by Portland, Oregon, were preventing it from deploying 5G small cells in the city.

Excerpt:

FCC commissioners have said the United States over a decade will need to install as many 800,000 small cells for 5G networks.

The 2018 FCC orders limited local governments’ ability to regulate telecom providers and prevented owners and operators of utility poles from discriminatorily denying or delaying 5G and broadband service providers access to poles.

The appeals court upheld the orders, except in reference to a provision dealing with local governments’ authority on aesthetic regulations.

Read more at: https://www.telecomlead.com/telecom-services/u-s-court-upholds-fcc-cap-on-5g-small-cell-fees-in-win-for-wireless-carriers-96348

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August 6, 2020

The City of Gig Harbor, WA recently joined 19 other cities and organizations in a lawsuit against an FCC Declaratory Ruling and Notice of Proposed Rulemaking concerning wireless infrastructure.

The Tacoma News Tribune reported the city sent a letter to the FCC on June 1, opposing the NRPM due to social distancing guidelines that prevented city staff from meeting at City Hall to review the order. The rule changes impose new requirements on local governments to immediately review and update their current ordinances, policies, and applications systems involving wireless towers. 

The City of Gig Harbor expressed particular concern that the new ruling will override the city’s authority to enforce wireless facility aesthetic standards, including small cells in public rights-of-way.

“These regulations included adoption of aesthetic and concealment standards for 5G equipment,” said Community Development Director Katrina Knutson. “We believe these regulations should be adhered to in order to prevent negative impacts to our visual landscape.

Drafted to expedite the deployment of 5G, the draft ruling also includes more definitive shot clock guidelines and allows new antenna installations to be allowed above existing antennas, provided they are separated by 20 vertical feet. 

Knutson told the Tacoma News Tribune the city is not trying to stop the development of new technology, but wants local authority over its deployment in their community. The City’s letter to the FCC said, “If the Commission truly wishes to have an open and inclusive process, the City of Gig Harbor asks that, at minimum, the FCC delay action on this item until the pandemic subsides.”

Read more at https://insidetowers.com/cell-tower-news-poor-timing-of-the-fccs-notice-of-proposed-rulemaking-incites-lawsuit/

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For more information see:

https://www.axios.com/5g-deployment-battle-cities-fcc-small-cell-ad1bfba2-2ffd-463f-8ed4-48a3c664249b.html

The post The battle over 5G deployment in America’s cities appeared first on EMFSA.

“The U.S. Conference of Mayors strongly opposes recent proposals by the Federal Communications Commission to grant communications service providers subsidized access to local public property and to dictate how local governments manage their own local rights-of-ways and public property.  This unprecedented federal intrusion into local (and state) government property rights will have substantial adverse impacts on cities and their taxpayers, including reduced funding for essential local government services, as well as an increased risk of right-of-way and other public safety hazards.

“We believe the courts will conclude that FCC’s proposals are based on misguided interpretations of federal law.  Congress previously addressed and resolved these issues resoundingly in favor of local and state governments and their property rights.  The Conference and its member cities reject efforts by this unelected federal regulatory agency to improperly invade state and local government authority by compelling local elected officials to subsidize, or “gift”, local public property to a small, favored group of private businesses.  According to FCC’s own estimates, just one of these actions – the proposed small cell rules – threatens future revenues to local (and state) governments by billions of dollars over the next decade.

“The Conference of Mayors strongly opposes these proposals and calls on the agency to change them; absent such changes, the Conference and its members will seek relief in federal court to overturn this unprecedented overreach by the FCC.”

Statement by U.S. Conference of Mayors CEO & Executive Director Tom Cochran on FCC’s Order Proposing to Usurp Local Property Rights

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by Ben Miller / August 31, 2018 http://www.govtech.com/network/National-League-of-Cities-Releases-Small-Cell-Guide-for-Local-Government.html

As small cell wireless equipment — those little cell service-spreading doohickeys attached to structures such as streetlights and utility poles — proliferates across the U.S., the National League of Cities (NLC)  is looking to help local governments make decisions about how to allow it.

It’s a move the Federal Communications Commission (FCC) has already undertaken, as it drafts a model ordinance for cities to adopt or build upon. The NLC saw some shortcomings in that effort, and decided to publish its own.

“One important thing to keep in mind is that no national model is ever going to solve everybody’s problems, and that was one of the issues with the [FCC] model from the outset,” said Angelina Panettieri, a principal associate of technology and communications for NLC.

Toward that end, the ordinance leaves a lot of room for local governments to make considerations about what they want to do — for example, holding public hearings for every small cell installation or gathering input on the general concept and then setting up an administrative review process to cut down on the amount of time it takes to approve each project.

That was the approach that Raleigh, N.C., took.

“They actually engaged citizens through a more formal process … they really gave residents the opportunity to weigh in on the look and feel and design of this new equipment,” said Nicole DuPuis, a principal associate of urban innovation for NLC.

The organization also released a guide explaining the fundamentals of small cell technology and what it’s there for.

“Our focus has actually been on the guide for most of the last year and change,” Panettieri said. “We thought it was important that a nontechnical resource be available to local officials just to understand what small cell technology is and why it’s important to their communities so they aren’t completely caught off guard when [companies] come to them and want to build.”

Small cells, which have a short range and are most often deployed in denser urban environments to serve high demand, are a part of the connectivity backbone cities are building out in anticipation of smart city-type technology like pedestrian-counting sensors, but telecommunications firms are looking at them in another way: preparation for 5G wireless.

“5G is going to use a higher portion of the spectrum that, because of the wavelength, is not going to be able to transmit very far,” she said.

The equipment does face local opposition in a lot of places. One sticking point is design — especially in places with older architecture, modern equipment can look out of place. A 2018 study by RVA Research, sponsored by the pro-broadband nonprofit Next Century Cities, found that the appearance of the equipment was the most common complaint about small cells.

The NLC guide includes a brief case study of how Boston worked with companies and community members to come to an agreement on how to help the equipment blend in more naturally with the cityscape.

Another is local concern about radiofrequency radiation and whether it might increase cancer rates — though there doesn’t appear to be much evidence that it does, scientists are still researching to more definitively answer questions. Furthermore, the FCC hasn’t updated its guidelines on safe levels of radio frequency radiation exposure since 1996.

“It’s reasonable for people to want to know that something close to street level is safe,” Panettieri said.

A lot of local governments might not have to worry much about small cell installations, since Panettieri said telecommunications companies have mostly targeted middle-sized and larger cities for the equipment.

Nonetheless, the number of deployments is likely to rise, with telecommunications firms planning to look more to small cells as they compete with each other to set up 5G networks.

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