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FCC Sets Limits On State and Local Govs for 5G Site Approvals

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Sep 27, 2018, 7:13 AM   by Eric M. Zeman   @zeman_e

The FCC is stripping power away from state and local governments in order to facilitate the installment of 5G infrastructure. This week the agency moved forward on an earlier proposal that sets limits on fees municipalities can charge for cell site applications, as well as the timeframe in which those applications need to be approved. Carriers must apply locally within towns, cities, and states to install new cell sites. Local governments can impede progress by denying permission to put up new sites for any number of reasons, as well as charge fees. Since 5G requires more cells in more locations, the FCC believes the process needs to change. To start, the FCC is setting limits on the fees that can be charged by municipalities for applications, processing the applications, and adjusting the right-of-way around such sites. The FCC is mandating that local governments charge no more than is reasonable. The FCC has also shortened the shot clocks afforded to local governments to weigh such applications. For example, new equipment that is to be added to existing cell sites will have a 60-day shot clock, and entirely new cell sites will have a 90-day shot clock. Local governments that charge onerous fees or sit on applications past the new 60- and 90-day windows will be presumed to be denying the applications and will need to have legitimate reasons prepared. AT&T, Sprint, T-Mobile, and Verizon Wireless are all in various stages of building their 5G networks. This step by the FCC helps these companies at the expense of local governmental control. Earlier this year, the FCC made similar changes at the federal level.

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