(Jan. 14, 2019)

A California law firm, Best, Best & Krieger, recommends that local governments, in the face of the “FCC small cell orders“, “stay flexible and stay tuned.” This is because there are numerous legal challenges to the FCC small cell orders, and if local governments change their ordinances to be in compliance, and the FCC orders are overturned, local governments will be, essentially, “stuck” with what they’ve approved. They advise:

“The order(s) may eventually be overturned. We believe there are substantial questions as to whether the FCC small cell order is valid and lawful, and we are representing numerous jurisdictions challenging it and the August moratoria order. We are not recommending that you incorporate the FCC standards into local law per se. If you do so, then you will be bound by your own requirements, even if the FCC order is vacated. Therefore, we think it is useful to develop regulations that provide you with maximum flexibility to make substantive determinations that you would be comfortable making — even if the FCC had not changed it rules — while still complying with procedural requirements, such as shot clocks that, if not complied with, may result in a loss of rights. If you are faced with a situation where you feel compelled to grant an application because of the FCC rules, you may wish to make the permit conditional, so that it terminates if the FCC rule is overturned.”

Click here for Best, Best, & Krieger’s complete legal alert on the FCC’s small cell orders and how to handle them.

Here’s an article to consider about how the new FCC policy is being viewed by cities and what they are going to do about it: Why 5G Internet Is a Policy Minefield for Cities.

It would appear that health and safety concerns are entirely missing from cities’ view of the new 5G planning, despite the outcry from scientists and physicians. What they appear to be upset about is losing control, locally, of how they handle cellular equipment applications and the fees they can charge telecommunications companies. CEP supports local controls – particularly, where the local governments do care about the health of their residents. 5G is unsafe and will become a health disaster, say informed, independent (non-industry) scientists and physicians.