The National League of Cities has issued this press release on a new federal bill The Rapid Evolution And Modernization of Leading-edge Infrastructure Necessary to Enhance (STREAMLINE) Small Cell Deployment Act (S. 3157).

National League of Cities Press release we have posted here can be found online here. 

SENATORS INTRODUCE PREEMPTIVE SMALL CELL DEPLOYMENT BILL

National League of Cities: Angelina Panettieri, 202-626-3196

On June 29, Senators John Thune (R-SD) and Brian Schatz (D-HI) introduced the Streamlining The Rapid Evolution And Modernization of Leading-edge Infrastructure Necessary to Enhance (STREAMLINE) Small Cell Deployment Act (S. 3157). The bill is focused, much like the recent FCC rulemaking efforts, on limiting the actions local governments can take on small cell wireless facility siting in an effort to make deployments cheaper, faster, and more consistent across jurisdictions.

However, while the FCC’s statutory authority to take these actions is debatable and can be more easily challenged in court, congressional action to limit local authority would be permanently damaging. The bill would severely limit the ability of local governments in states without preemptive state small cell laws to govern wireless siting and would complicate implementation of new small cell laws in states that have passed them.

Despite urging from NLC and other local government advocates during the bill’s drafting phase, many preemptive provisions remain in the bill. Senator Thune said that he intends to hold a hearing on this bill by the end of the month. We need local leaders to send your Members of Congress a letter today urging opposition to this harmful legislation.

In addition to preempting local authority, the bill would make some major changes to current federal requirements for small cell siting by carving out a new category of “small personal wireless facilities” with new requirements, separate from existing wireless siting law:

  • It would limit local consideration of small personal wireless facilities (defined as “a personal wireless service facility in which each antenna is not more than 3 cubic feet in volume; and does not include a wireline backhaul facility”) to “objective and reasonable” “structural engineering standards based on generally applicable codes; safety requirements; or aesthetic or concealment requirements.”
  • Modifies the application shot clock to be 60 days for collocations, and 90 days for new sites. Cities would have ten days to notify applicants in writing if their application is incomplete. The bill also explicitly prohibits moratoria/tolling to lengthen these shot clocks.
  • Special shot clock carveouts for small cities, defined as fewer than 50,000 residents:
  1. 90 days for collocations if the provider has filed 50 or fewer applications in a 30-day period, or 120 days if the provider has filed more than 50 applications in 30 days.
  2. 120 days for new sites if the provider has filed 50 or fewer applications in a 30-day period, or 150 days if the provider has filed more than 50 applications in 30 days.
  • Allows local governments to request a one-time 30-day waiver from the FCC.
  • Includes a deemed granted provision for applications not acted upon by the local government in the stated period.
  • Limits “fees,” which the bill defines as “a fee to consider an application for the placement, construction, or modification of a small personal wireless facility, or to use a right-of-way or a facility in a right-of-way owned or managed by the State or local government for the placement, construction, or modification of a small personal wireless facility.” This would include not only application fees but also recurring rents for usage of public property.
  • Fees must be “competitively neutral, technology neutral, and nondiscriminatory; publicly disclosed; and based on actual and direct costs.” This would eliminate market-based rents for small cell facility installations.
  • Finally, the bill orders a GAO study on broadband deployment on tribal land.
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The bill does not provide for the grandfathering of any extant agreements between cities and providers or tower companies, and it would appear to preclude agreements such as those recently struck by the City of San Jose, Calif. with AT&T and Verizon lauded by Commissioner Rosenworcel as an example other local governments could use.

Cities should contact their Members of Congress, particularly those who sit on the Senate Commerce Committee, and urge opposition to the bill.

Consider sending them these resources:

Published research on 5G in Environmental Research  5 G wireless telecommunications expansion: Public health and environmental implications”

Factsheet  on 5G

Published science on 5G

5G Scientific Appeal

See videos of scientific lectures on 5G

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Click Here To Download A PDF Of Over 60 Pages Of Letters On 5G By Scientists And Organizations Such As The Sierra Club, The AARP And Environmental Working Group.

Read a compilation of Doctors letters on cell towers near schools.

Letter from Dr. Lennart Hardell To Governor Jerry Brown on SB649

Letter from Dr. Martin Pall in Opposition to SB649

Declaration to European Commission by 180 Scientists Calling For A Moratorium on 5G Cell Antennas, September 13, 2017

Letter from Dr. Lennart Hardell To Governor Jerry Brown on SB649

Beatrice Alexandra Golomb, MD, PhD Lettter in Opposition to SB649

Letter from Dr. Martin Pall in Opposition to SB649

Attachment to Dr. Pall Letter – 142 Microwave Radiation Review Studies

Letter from Dr. Devra Davis to Chair Aguiar-Curry on SB 649, June 28, 2017

Letter from Dr. Devra Davis to Governor Jerry Brown on SB 649, September 17, 2017

Letter from Dr. Paul Ben Ishai in Opposition to SB 649, September 08, 2017

Letter from Dr. Cindy Russell in opposition to SB649 

Letter from Physicians For Safe Technology in opposition to SB649

Article from Dr. Cindy Russell on Impacts of 5G Technology, January 2017

Santa Clara Bulletin, pg. 20-23, “A 5G Wireless Future: Will It Give Us a Smart Nation or Contribute to An Unhealthy One?” by Cindy Russell, January 2017

Letter from Dr. Joel Moskowitz To Governor Jerry Brown on SB649

Beatrice Alexandra Golomb, MD, PhD Lettter in Opposition to SB649

Letter from Dr. Sam Milhelm 

Letter from Dr.  John West 

Letter from Dr. Hugh Scully to the City of Toronto 

Letter from Dr. Stephen Sinatra to Toronto City Councilors in Opposition to Item 26.21 

Joint letter from 541 health, environment and justice advocates and organizations to US Senators and Representatives in opposition to bills on 5G and wireless radiation expansion – 13 November, 2017 

LETTERS FROM ORGANIZATIONS AND OTHERS

Letter from Frank Clegg, former President of Microsoft, Canada

Ellie Marks Letter to Governor Brown SB 649

Letter from the Alliance of Nurses for Health Environments

Letter from Environmental Working Group June 26, 2017

Letter from Environmental Working Group July 26, 2017

8/20 National Institute for Science, Law & Public Policy Letter to Appropriations Committee

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8/21 National Institute for Science, Law & Public Policy Letter to Assembly

8/24 National Institute for Science, Law & Public Policy Letter to Governor Brown.

Letter from the Sierra Club, August 15, 2017

Letter from Greenlining Institute, June 27, 2017

Letter from the American Association of Retired Persons (AARP), July 19, 2017

Letter from Law Office of Harry Lehmann “Mass casualties are likely in District 10 from passage of 648”, July 6, 2017

Letter from Law Office Of Harry Lehmann to State of California, “Liability for Damage From Microwave Radiation Exposure Sustained by Senate Bill 649 Will Be Shifted to California State”, July 19, 2017

Letter from Law Office of Harry Lehmann, “SB 649 will  disproportionately effect the poor in California”, August 24, 2017

Letter From EMF Safety Network and Ecological Options Network, July 06, 2017

Letter by Susan Foster Assembly Appropriations Letter – Fire Station Exemption from SB 649, August 14, 2017

Letter from Susan Foster and Radiation Research Trust in of Opposition of SB649, June 22, 2017

Scientists For Wired Technology, 5/30/17: front and back

Scientists For Wired Technology 5/31/17:front and back

American Planning Association Opposes SB 649

Berkeley City Council Opposition Letter, April 25, 2017

SCIENTIFIC COMMENTS TO THE FCC

Comments by Ronald M. Powell, PhD, to the FCC on Spectrum Frontiers

Comments by The Berkshire-Litchfield Environmental Council to the FCC on Spectrum Frontiers, July 12, 2016

Comments by Dr. Albert Manville to the FCC on Spectrum Frontiers, July 14, 2016

Comments by Dr. Joel Moskowitz to the FCC on Spectrum Frontiers, July 20, 2016

Comments by Dr. Yael Stein to the FCC on Spectrum Frontiers, July 09, 2016  

Comments by Dr. Devra Davis to the FCC on Spectrum Frontiers

Comments by Susan Clarke to the FCC on Spectrum Frontiers, July 14, 2016

Comments by EMF Scientist Appeal Advisors to the FCC on Spectrum Frontiers, June 09, 2017

Please click here for a large PDF of Letters by Scientists and Doctors on Small Cells and 5G

The National League of Cities Urges Local Leaders and Public To Oppose Federal Small Cell Deployment Act