Legislation Preempts Local Government Control over Utility Poles
Potential Legal Battles Regarding Local Rights-of-Way
San Francisco, CA November 8, 2018: EJL Wireless Research is excited to announce the third report in its small cells research track. The “United States State Level Small Wireless Facilities Legislative Analysis, 2018 1st Edition.” The report analyzes small wireless facility (SWF) and micro wireless facility (MWF) laws in States that have passed or are in the process of passing laws allowing wireless service providers and neutral host tower companies to gain right-of-way (ROW) access to utility poles. The report compliments the recently published “U.S. Federal Communications Commission Small Wireless Facilities Legislative Analysis, 2018 1st Edition.”
This report analyzes each individual state and their specific SWF/MWF specifications and laws including:
- New/Replacement Utility Pole Requirements
- Collocation Application Permit Fees and Shot Clocks
- Micro Wireless Facility Right-of-Way
Currently, twenty states have passed SWF legislation with another six states potentially passing laws in 2019. The state laws preempt local government authority at the city and town levels by declaring small wireless facilities as a permitted use and not subject to zoning regulations. The laws also preempt local government authority on one time fees and annual rates they can charge to wireless service providers and neutral host tower companies by capping the total amount on a per SWF or a per pole basis.
“Access to utility poles is a critical step towards enabling network densification of current 4G and future 5G networks. The Small Wireless Facilities Deployment Acts that are being passed at the state level are based upon recommendations from the FCC regarding SWFs and MWFs. There is currently one state, Texas, experiencing a legal challenge from local governments that is the first battle to occur regarding these laws. The outcome of this key legal challenge will have a significant impact for other states who have passed or are in the process of adopting new small wireless facility laws,” says Lum.
About EJL Wireless Research
EJL Wireless Research provides proprietary, accurate and cutting-edge market analysis and consulting services on the wireless technology ecosystem. The firm’s wireless infrastructure research focuses on vertical elements of the wireless ecosystem including telecommunication standards evolution, global and regional regulatory issues, spectrum availability, mobile operators, and mobile infrastructure equipment vendors. In addition, the firm provides analysis across horizontal technology suppliers including RF semiconductor materials, RF semiconductor/components, and RF subsystems. Our goal is to provide our clients with critical market analysis and information.
EJL Wireless Research believes it has a corporate responsibility, both local and international, in giving back to the community. Please visit our website for more information about the charitable organizations it supports at: https://ejlwireless.com/corporate-and-social-responsibility.html
EJL Wireless Research is managed by Earl Lum. Mr. Lum has 25 years of experience within the wireless industry including 8 years as an Equity Research Analyst on Wall Street. The company is headquartered in Half Moon Bay, CA. For more information about EJL Wireless Research, please visit the company’s website at www.ejlwireless.com.