Questions and Concerns
Municipalities have several recurrent questions about 5G that come up time and again.
Can we challenge the rights of wireless carriers to install 5G antennas in our town if enough residents oppose it?
As a municipality, we expect residents to express concern over the safety of 5G antenna signals, especially since many of these 5G sites will be installed at 40-50 feet above ground level atop utility poles in public streets. This will put them at eye level with adjacent apartment units and businesses.
In short, no. Due to restrictive provisions contained in the 1996 federal Telecommunications Act, a local government may not prohibit the deployment of cellular technology due to concerns over RF signal safety. Nor may a town publish its own RF emissions standards. What local municipalities can do is require that wireless carriers demonstrate compliance with FCC standards.
Hoplite will ensure this is the case by maintaining a GIS system of 5G locations. Each location will specify the antenna model, output wattage and an RF safety report demonstrating that the antennas meet published FCC RF safety standards. The RF safety reports will be updated each time a cell site modification leads to a change in the RF signal emissions profile.
As a town, can I charge a carrier for use of the public right-of-way even if we don’t own the poles the 5G antennas will be installed on?
Yes, as a municipality, you can charge the carrier for access to the right-of-way for the placement of 5G facilities. The amount that can be charged is limited by FCC regulations.
Hoplite will ensure that you get the maximum amount to which you are entitled when wireless carriers use your public streets and sidewalks.
I heard the FCC doesn’t allow towns to control the placement of 5G antennas in the right-of-way. Is this true?
Local government is free to control its streetscapes to a point. FCC regulations specify that zoning and design restrictions cannot have the effect of prohibiting service, but that towns are free to restrict design and location based on aesthetics and safety concerns, such as ensuring unobstructed pedestrian traffic and sight triangles.
Hoplite will guide the governing body through the process of developing local land use restrictions that meet the towns needs while not running afoul of federal regulations.
Does the FCC prohibit municipal government from subjecting wireless carriers to a zoning approval process?
No. Local government may establish zoning regulations for 5G facilities and require that carriers submit to the zoning process. The FCC requires that any land use application be completed within specified shot clock time frames.
Hoplite will ensure that your land use process is streamlined so that local concerns can be met while not running afoul of the FCC shot clock regulations.