Roseville's Stance on 5G
The City is listening to concerns of our citizens and doing our best to work with the carriers and partners on solutions that avoid placement of small cell equipment in residential areas, especially those that are close to a home. However, a recent Federal Communications Commission (FCC) Order has removed the City’s ability to effectively regulate the deployment of small cell equipment in our City.
The City has and will continue to actively oppose efforts to erode local control over the placement of small cell equipment on City facilities. The City opposed California Senate Bill 649, vetoed by Governor Jerry Brown in October 2017, which was a bill backed by the cell phone industry that would have made it easier to install small cell equipment on City facilities. The Northern California Power Agency, of which the City is a member, filed a brief in the Ninth Circuit Court of Appeals to encourage the Court to reverse the FCC Order, but the Court mostly upheld the FCC Order. In addition, the City has supported SB 2012, a federal bill sponsored by Senator Feinstein, which would reverse the FCC Order. This bill restores local control over the use and deployment of communications infrastructure on publicly-owned utility poles.
Unfortunately, the FCC Order (18-133) that became effective January 15, 2019, does not afford Roseville or any other municipality throughout the United States, the right to have any control or influence on where the carriers place small cell antennas. If a carrier files an application to place an antenna on a pole that is within City right of way (street or landscape area where utilities are located), the City cannot legally say no. As a local agency, the City is governed by state and federal laws and regulations that govern this subject matter.
Ultimately, the FCC Order has our hands tied as to the final determination of where that equipment can be placed. While true, it is important to note the positive relationship the City has with the carriers. The City will remain committed to continuing its efforts to ensure the most beneficial placement of carrier equipment based on the best interests of its residents.