The Bellevue City Council discussed a recent FCC order placing limitations on the implementation of small cell technology throughout the city during a Jan. 7 study session.
In September 2018, the Federal Communication Commission (FCC) approved an order that limits local control of small cell wireless facilities, antennas installed on city street lights that increase capacity and coverage of the 4G, and upcoming 5G, services provided by wireless carriers like T-Mobile and Verizon.
The city of Bellevue is also part of a coalition of cities challenging the order, trying to get it overturned.
The FCC order, which goes into effect on Jan. 14, places limitations on the ways in which the city can approve and have judgment over small cell installation applications from wireless carriers. Monica Buck, assistant city attorney, explained the limitations under the order.
The order changes the legal standard of what makes up “effective prohibition,” which is not authorized under federal law, to be much more friendly toward the wireless corporations rather than toward the local jurisdiction and would make it easier for companies to get permits for their small cell antennas.
The order also defines small wireless facility sizes and placement. The antenna must not be bigger than three cubic feet and the antenna equipment must be within 28 cubic feet. The definition does not limit how many antenna can be placed on a single structure.
Limitations to what the city can charge for installation are also imposed by the order. Cities cannot charge market-based rent, and instead are limited to charging the actual cost. Buck said $270 per pole per year is what is presumed valid and what the city is working with for now.
The FCC also established a design test for what is considered reasonable. It also adopts a short timeframe for permit reviews. The city is limited to 60 days for permits proposed for existing structures and 90 days for new structures.
“This change in legal standard really does shift our ability to impose aesthetic requirements, and really regulate small cells in the right of way,” Buck said. “Before the FCC order we had 150 days to process an application for a small cell on a city street light, and now we have 60 days. In 2016, we talked about establishing a city preferred design that we would then streamline, but now because of the 60 days, any design needs to be streamlined because we have such a short period of time.”
She also said public input was affected by the order. Because the design is based on objective standards that must be met, any public input would not have much influence. prior to the FCC order the city had more discretion in their design guidelines, she said, and could welcome public input.
In response, city staff worked to produce new code amendments and master license agreement changes to reflect the FCC order. The master license agreement (MLA) is a lease agreement for city owned streetlights, Buck explained. It established a 10-year term with one-year automatic renewals, and establishes the rent. If the FCC order is overturned, the market-based rent the city initially had been planning on is included in the MLA and would be used instead of the order’s limitation.
The council members reiterated their support for implementation of the small cell technology as it advances Bellevue’s Smart City plan, but did express disappointment at the loss of local control imposed by the FCC order. They directed staff to bring the code amendments and MLA form to the Jan. 22 regular council meeting for approval.
Staff said they do expect the deployment of small cell antennas to immediately occur in downtown Bellevue, followed by other areas, once the code amendments and MLA form are approved.
The full video archive of the meeting is available on the city’s council calendar website.
