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Local Governments Air Concerns on Proposed Small Cell Legislation

The California Senate Appropriations Committee heard testimony on Monday about SB 649, the Wireless Telecommunications Facilities bill, before placing the legislation in the suspense file.

The California Senate Appropriations Committee heard testimony on Monday about SB 649, the Wireless Telecommunications Facilities bill, Monday before placing the legislation in the suspense file.

The bill would define small cells under a federal standard and could change who has jurisdiction over where the antenna nodes are placed — local or state governments. It could also cap the amount of rent charged for cell placement.

Supporters of the bill include the Wireless Association and the California State Sheriffs' Association. Both groups stated support of the bill.

Opponents, such as the League of California Cities, testified the bill would shift the power of placement of the small cells from local discretion to private industry. This could affect fair market rates for rental of public property, which would limit “local governments ability to generate flexible dollars,” League Legislative Representative Rony Berdugo said.

Berdugo also said removing local control of small cells would risk not including rural and underserved communities in the 5G rollout.

“We welcome new technology, but we also encourage collaboration. SB 649 removes that incentive for collaboration and for those reasons we remain strongly opposed,” Berdugo said.

Steve Cruz, a spokesperson for San Jose, echoed the concern of serving underserved communities in the heart of Silicon Valley. The city wants “to expand digital infrastructure to serve underserved and disadvantaged communities,” Cruz said.

Chris Lee of the California State Association of Counties said there would be a cost to local jurisdictions because of the limit on use fees. While SB 649 allows for use fees, “counties would be limited to below-market rates for leased property,” Lee said.  

No date has been set for the bill's next hearing.

Kayla Nick-Kearney was a staff writer for Techwire from March 2017 through January 2019.