Wireless 5G vs. local zoning laws
Industry wants rules pre-empted for faster rollout
The next big thing in cellular technology, 5G, will bring lightning-fast wireless internet — and thousands of antenna-topped poles to many neighborhoods where cell towers have long been banned.
They also are hearing from residents worried about possible long-term health risks. Until now, much of the cell equipment that emits radio-frequency energy has been housed on large towers typically kept hundreds of feet from homes. The new “small cell” technology uses far more antennas and transmitters that are smaller and lower-powered, but clustered closer together and lower to the ground.
Riemer said the county anticipates more than 600 applications for new small cell facilities over the next several years, including in neighborhoods with underground utilities. He called the state legislative proposals “a giveaway to the industry.”
“Companies could put a lot of junk on telephone poles and light poles in our neighborhoods and change the appearance of the communities we live in,” he said.
Industry leaders say they cannot meet the surging demand for faster and more reliable Internet service unless local governments streamline their 1990s-era zoning regulations written for the far fewer, and much larger, cell towers.
Over the next several years, they expect to deploy as many as 300,000 small cell sites nationwide — about the same number of cell sites installed over the past 35 years, according to CTIA, the industry’s trade association.
In addition to meeting the soaring demand for data, they say, 5G — or fifth-generation wireless broadband technology — is needed to operate self-driving vehicles, “smart cities,” and the growing number of web-based home appliances, electronics and other devices.
“It’s important for us to get this network out there,” said Charles McKee, vice president of government affairs for Sprint. “I understand the sensitivities cities have and we understand their concerns. We want to work with them. Our goal here is not to force them to do things, but we need to deploy this, and we need to deploy it fast.”
Industry-backed legislative proposals introduced this year in 18 states, including Maryland and Virginia, would pre-empt most local zoning laws for small cell poles up to 50 feet tall. They would limit residents’ input on applications for small cell facilities and restrict local governments’ ability to reject them.
Thirteen states have adopted such laws since 2016, according to the National Conference of State Legislatures.
Similar legislation recently passed the Virginia General Assembly, but Democratic Gov. Ralph Northam has not said whether he will sign it. The latest legislation would cover new poles.
Congress also has held hearings on the issue.
“In order to spur investment in these states, we need regulatory certainty for our members,” said Jamie Hastings, a CTIA senior vice president.
Many local officials say they want 5G — their businesses seek hiccup-free video conferences, and residents complain when their screens freeze while binge-watching shows on their favorite streaming service. But they say they should not be forced to cede so much control over publicly-owned right of way to profit-driven companies.
“I don’t think any of us want to say no” to small cell networks, said George Homewood, planning director for Norfolk and a point person on the issue for the American Planning Association. “We’re just saying these decisions are best for localities to make.”
Andy Spivak recalled the “uproar” two years ago in his North Potomac, Md., neighborhood outside Washington when residents heard about proposals to install small cell equipment along local roads. He and others were most concerned about the potential health effects. He said he also is worried that the wireless industry’s “astronomical” political sway could leave his local government powerless to require that new poles blend in, such as hidden among trees or disguised as street lamps.
“There’s no way we’re going to stop this technology from being deployed — it’s just the way of the world,” said Spivak, a lawyer. “But can they try to make them aesthetically pleasing?”
Jim Sledge, of Germantown, Md., said he was surprised to learn two years ago that a company had proposed a new pole at the foot of his driveway — just beyond his young grandson’s bedroom window. The pole has not been installed, although Sledge said he’s been unable to learn why.
Sledge, a retired computer specialist for the federal government, said studies show possible links between long-term exposure to cell emissions and health problems such as cancer, neurological disorders, insomnia and depression.
“The antenna would have been 35 feet from his head as he slept 10 to 12 hours a day,” Sledge said of his grandson.
Under federal law, local governments may not reject a cell facility application for health reasons as long as the equipment meets FCC standards for radio-frequency radiation emissions. Some local officials say they are concerned those limits, which were set in 1996, could be outdated for wireless equipment closer to homes.