Residents successfully pushed San Mateo to adopt stronger regulation on small wireless facilities, but the resulting policy could now be in jeopardy if the Federal Communications Commission follows through on efforts restricting cities’ ability to limit installation.
Last year, San Mateo became one of a handful of cities in California to create additional regulations around the installation of small cell facilities — which are antennas and equipment added to utility poles and other infrastructure to support 5G technology. The move was initiated by a volunteer-led group, No Cell Outs, which raised concerns about the facilities’ close proximity to their homes and other public facilities, particularly due to radio frequency emissions. The city eventually approved a policy that imposes more restrictions on placement, which includes mandated setbacks within a certain distance of housing units, day care facilities or school structures.
But a recent FCC document, or Notice of Proposed Rulemaking, states that the commission continues “to have concerns that state and local authorities are adopting regulations that impede the deployment of new and high quality services, and thereby could be in violation of the Telecommunications Act and Commission rules.”
It added that some localities have adopted restrictive ordinances “for the purpose of limiting human exposure to RF emissions.”
Small cell configuration regulations are mostly dictated at the federal level, leaving local jurisdictions with a narrow range of acceptable changes, and they aren’t allowed to regulate the wireless facilities based on radio frequency emissions.
The FCC document referenced a previous Daily Journal article that mentioned residents’ concern over the emissions, however, the city has said it made a point not to include emissions-related language in the policy.
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During a small cell facility appeal hearing in March, Sustainability and Infrastructure Commissioner Rich Kranz even said that if residents have an issue with [radiation], “you need to talk to the federal government, not us.”
The City Council approved sending a letter responding to the FCC’s statements.
“It’s an important item for a couple reasons — one because the FCC notice … mischaracterizes what the city’s ordinance actually does, so it’s important to correct the record in that regard,” City Attorney Prasanna Rasiah said. “What the proposed rulemaking proceeding could potentially do is take away some local control on the sighting of wireless facilities.”
Irena Mavridis, a member of the No Cell Outs group, said she supported the city’s opposition to the FCC’s letter, stating the commission’s efforts would “override essential local authority, weaken longstanding land use protections and strip residents of any meaningful say in where wireless facilities are placed.”
“These regulations are not barriers. They are democratic safeguards,” Mavridis said.
No specific rule changes have been made at the FCC, though the city plans to write a letter detailing the importance of maintaining local control, Rasiah said.
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