Don’t Want Small Cell Towers Installed All Over Your Community? Instructions on How to Support S. 2012

Telecom companies have been warning their shareholders for many years that they may eventually be held liable for harm caused by their devices and infrastructure. Insurance companies have known better than to insure them – it’s too risky.

The Federal Communications Commission (FCC) is supposed to protect the public by regulating the Telecom Industry. They’ve been doing a lousy job of this for many years – since way before the Trump administration. It’s become much worse with their efforts on nationwide forced 5G installation. Communities have no say on small cell installation even though telecom companies have provided NO scientific evidence that 5G is safe. Many communities and organizations have filed lawsuits against them because of this. Regardless, installation continues (see 1, 2, 3, 4) even though people and their pets have been getting sick where 5G has already been turned on (see 1, 2, 3, 4).

“Restoring Local Control Over Public Infrastructure Act” aka S. 2012 overturns the two FCC 5G Small Cell Streamlining Orders and the rule that went with them: FCC orders 18-111, 18-133, and FCC rule 83 Fed. Regulation 51867. We need all of these overturned ASAP because

FCC 18-133 does the following:

– Remove regulatory barriers that would inhibit the deployment of infrastructure necessary to support 5G services.

– Supports advanced 4G or 5G offerings by allowing providers to build out small cells at a faster pace and at a far greater density of deployment than before.

– 97 percent of new deployments would be in rural and suburban communities.

– New set of shot clocks which allows 60 days for reviewing the application for attachment of a Small Wireless Facility using an existing structure and 90 days for the review of an application for attachment of a small wireless facility using a new structure.

– Small Wireless Facilities remain subject to the Commission’s rules governing Radio Frequency (RF) emissions exposure which only protect against heating due to acute exposures and do not take into consideration longterm biological effects.

– It finds that the size of Small Wireless Facilities poses little or no risk of adverse effects on the environment or historic preservation and many jurisdictions do not require public hearings for approval of such attachments.

– A provider would have a strong case for quickly obtaining an injunction from a court that compels the issuance of all permits in failures to issue a decision within the set time period.

– FCC to act in partnership with state and local leaders to adopt forward leaning policies.

– Identifies specific fee levels for the deployment of Small Wireless Facilities to avoid unnecessary litigation over fees.

FCC 18–111 does the following:

– Promotes broadband deployment by speeding the process and reducing the costs of attaching new 5G facilities to utility poles.

– Improves and speeds the process of preparing poles for new attachments, or “one touch make ready.”

– Sets the rates for pole attachments that incumbent local exchange carriers (LECs) must pay.

– Preempts, on a case- by-case basis, state and local laws that inhibit the rebuilding or restoration of broadband infrastructure after a disaster.

– Bars state and local moratoria on telecommunications services and facilities deployment using section 253(a) of the Telecom Act of 1996 because they “prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service.”

83 Fed. Reg. 51867 (October 15, 2018) does the following:

“In this document, the Federal Communications Commission (‘‘Commission’’ or ‘‘FCC’’) issues guidance and adopts rules to streamline the wireless infrastructure siting review process to facilitate the deployment of next-generation wireless facilities. Specifically, in the Declaratory Ruling, the Commission identifies specific fee levels for the deployment of Small Wireless Facilities, and it addresses state and local consideration of aesthetic concerns that effect the deployment of Small Wireless Facilities. In the Order, the Commission addresses the ‘‘shot clocks’’ governing the review of wireless infrastructure deployments and establishes two new shot clocks for Small Wireless Facilities.”

Please submit a message here to support this bill. Also encourage your elected officials to do the same.