The purpose of the survey is to help the League respond to the contention that pre-emption of local permitting authority is necessary to accelerate deployment of 5G wireless.
(Published Sep 10, 2018)
The League is conducting a survey to determine the number of small cell wireless permit applications that have been filed in Minnesota cities since state legislation was enacted on May 30, 2017. The legislation preserved local authority over small cell wireless companies’ access to the public right of way.
The survey will close on Sept. 14.
The survey is part of an effort to slow growing momentum at the federal and state level to interfere with local small cell facilities regulations. The Federal Communications Commission (FCC) has opened several dockets primarily related to national small cell deployment. In these dockets, the FCC is looking at rules to pre-empt local governments from managing public rights of way. This has also been an ongoing issue at the Minnesota Legislature.
The purpose of the survey is to help the League respond to the contention that pre-emption of local permitting authority is necessary to accelerate deployment of 5G wireless. The League suspects that, with the exception of the largest cities, few Minnesota cities have received any applications relating to small cell wireless deployment. If this is the case, the argument that cities are an obstacle to 5G deployment is unfounded.
In a fact sheet released on Sept. 5, 2018, the FCC noted that: “To meet rapidly increasing demand for wireless services and prepare our national infrastructure for 5G, providers must deploy infrastructure at significantly more locations using new small cell facilities. Building upon streamlining actions already taken by state and local governments, this Declaratory Ruling and Third Report and Order is part of a national strategy to promote the timely buildout of this new infrastructure across the country by eliminating regulatory impediments that unnecessarily add delays and costs to bringing advanced wireless services to the public.”
The League would like to determine to what extent, if any, Minnesota cities are creating such impediments.
Results of the survey will be shared with interested parties, including state and national municipal organizations that are faced with local pre-emption as it relates to wireline and wireless legislation and regulations.
For more information, contact LMC Research Attorney Kyle Hartnett at (651) 215-4084 or firstname.lastname@example.org.
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