Small Cell Wireless Information
Background
Cities are subject to federal and state laws and regulations that allow telecommunications companies to locate small cell installations (also called “small wireless facilities”) within the public right-of-way.
California Public Utilities Code section 7901 grants telecommunications companies a franchise within all public rights-of-way, allowing them to locate telecommunications equipment within the right-of-way. Cities and counties can only impose time, place, and manner restrictions.
Under the federal Telecommunications Act of 1996 and the Spectrum Act of 2012, cities and counties are prohibited from denying or discriminating against the placement of small cell infrastructure (47 U.S.C.A. § 332(c)(7)(B)(i)(II)). Additionally, the Federal Communications Commission (FCC) has preempted cities and counties from denying wireless providers access to government-owned structures within the public right-of-way. In September 2018, the FCC issued a regulatory ruling (https://docs.fcc.gov/public/attachments/FCC-18-133A1.pdf) that restricts the authority of state and local governments from regulating small cell installations, limits fees that can be charged to review small cell applications, places new restrictions on the aesthetic criteria that cities can require, and creates a time limit (a “shot clock”) for reviewing new applications for small cell installations. Cities and counties also cannot regulate the type of technology the wireless carrier chooses to use.
Taking these federal and state laws and regulations together, the City cannot prevent wireless providers from placing small cells within the public right-of-way, and the City’s ability to regulate small cell facilities within the right-of-way is limited.
Locations
To view information regarding a specific location, click on the site in the map. The map does not include all locations permitted prior to the 2018 FCC ruling.
GIS Map of Planned and Active Small Cell Equipment Locations
