San Mateo looking at small cell restrictions

“We are not asking to prohibit them. We’re asking to restrict them under the maximum allowances and protections under the law. We want to know our elected officials are doing the best in their ability to minimize these facilities in residential areas,” Irena Mavridis, San Mateo resident and No Cell Outs leader, said. 

Outright bans on their installation in such areas falls into legally murky territory, with city staff stating doing so would not be within the city’s authority, though Ariel Strauss, an attorney working with No Cell Outs, cited other cities, such as Encintas, that have successfully enacted stricter regulations.

“When you don’t force the applicants to prove that they are doing their utmost, they simply don’t. They have no reason to,” Strauss said. “You have a lot of options. You can impose those restrictions.”

But an ordinance dictating certain provisions, such as extending the distance between poles and nearby homes, or strengthening the appeals process for concerned residents, would more clearly fall under the city’s authority and were generally supported by the council. Residents and group members also requested regular reports from infrastructure owners on the cells’ radio frequency emissions and whether new cells would in fact be necessary to satisfy a gap in wireless coverage of a particular area. Such gaps are typically cited by firms as the basis for installing the small cells, which are used to provide broadband internet service. 

“We are at the beginning of developing a policy, but that policy really needs to be based on being as conservative and restrictive as we can be, realizing that there are legal restrictions we cannot go beyond and obviously being cognizant of our financial obligations,” Mayor Lisa Diaz Nash said. 

A finalized ordinance is expected to be drafted and reviewed by this fall.