Legislation introduced on Small Cell Technology in Public Right of Way

According to the League of Minnesota Cities

Legislation introduced in both the House and Senate would restrict local authority to regulate companies seeking to install small cell wireless technology in public rights of way. The bill is being pushed by wireless carriers.

The bill, HF 739 (Rep. Joe Hoppe, R-Chaska) and SF 561 (Sen. Dave Osmek, R-Mound), would allow equipment to be placed on utility poles and “any other property a local government unit has an interest in and has made available for commercial purposes.” Additionally, it prevents cities from negotiating zoning, rates, permit timelines, and maintenance as it relates to the installation of emerging wireless infrastructure.

I didn’t attend that session, but I heard the folks at AT&T talk a lot about the need to deploy small cells when the industry spoke to the Minnesota House Commerce Regulatory and Reform committee. From an industry perspective, it makes sense to want to smooth the road for deploying equipment. The League offers the perspective of the local governments…

Wireless companies, including AT&T and Verizon, are lobbying for similar legislation state by state as they and other carriers prepare to install infrastructure to create a new 5G cellular network. Standards and a timeline for 5G implementation have not been set.

“Small cell facilities” is a broad term for the types of cell sites that support antennas plus other equipment to add data capacity. Small cell equipment and distributed antenna systems (DAS) transmit wireless signals to and from a defined area. They need to be powered continuously and require fiber backhaul.

The bill would allow for wireless equipment up to 28 cubic feet in size in the public right of way. Right now, there are cities that have negotiated agreements with providers, mainly in dense urban developments.

The House bill was referred to the Commerce and Regulatory Reform Committee. In the Senate, the bill’s first stop will be in the Energy and Utilities Finance and Policy Committee.

House co-sponsors include Reps. Pat Garofalo (R- Farmington), Ron Kresha (R-Little Falls), Paul Thissen (D-Minneapolis), Linda Slocum (D-Richfield), Nolan West (R-Blaine), Dennis Smith (R-Maple Grove), and Jon Koznick (R-Lakeville). Senate co-authors include Sens. David Senjem (R-Rochester), John Hoffman (D-Champlin), Dan Sparks (D-Austin), and Dan Hall (R-Burnsville).

This entry was posted in MN, Policy, Vendors, Wireless by Ann Treacy. Bookmark the permalink.

About Ann Treacy

I have a Master’s Degree in Library and Information Science. I have been interested or involved in providing access to information through the Internet since 1994, when I worked for Minnesota’s first Internet service provider. I am pleased to be a part of the Blandin on Broadband Team. I also work with MN Coalition on Government Information, Minnesota Rural Partners, and the American Society for Information Science and Technology.

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