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POLICY REPORT: Small Cell Facilities in Boulder, CO

Planning Ahead for an Evolving Legal Regime

Grant Wilson  June 4, 2019

The primary goal of Small Cell Facilities in Boulder, CO: Planning Ahead for an Evolving Legal Regime (“Small Cell Facilities Report” or “Report”) is to inform decision makers in the City of Boulder (“Boulder”), as well as other interested governments, about how to most effectively regulate small cell facilities in accordance with local, state, and federal laws. As discussed in the Report, local governments would be wise to employ proactive legal tactics since many of the applicable laws and rules are in flux.

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While there are strong opinions for and against the deployment of SCFs in Boulder, particularly with regards to 5G, this Report attempts to maintain neutrality in order to best assist local government, rather than reflecting the interests of any particular stakeholder. That being said, the Report’s primary author did receive a small payment to complete this Report from local citizens who are concerned about 5G.

Table of Contents

I. Introduction ………………………………………………………………………………..……………………4
II. Frequently Asked Questions …………………………………………………..……………………………. 6
III. Laws and Regulations …………………………………………………………………………………….. 8
IV. Learning from Cutting-Edge Small Cell Wireless Laws in the U.S. …………………………………………. 11
V. Recommendations for Boulder ……………………………………………………………………………..17
VI. Resources ………………………………………………………………………………..…………………20

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Grant Wilson is the directing attorney for Earth Law Center. He has advanced environmental campaigns in the United States and worldwide: from the 2010 United Nations Climate Change Conference in Cancún to Kenyan National Land Policy work to Deputy Director of the Global Catastrophic Risk Institute in the US. Grant earned a degree in Environmental Policy from Huxley College of the Environment at Western Washington University, and a J.D. with a Certificate in Environmental and Natural Resources Law from Lewis & Clark Law School in Portland, Oregon. https://www.earthlawcenter.org/about-earth-law-center

Policy Report: Small Cell Facilities in Boulder, CO