Illinois Is 16th State to Enact Small-Cells Law; Ohio Passes Second Try

attempt at a 5G small-cells law passed the state legislature, while Missouri senators moved closer to a floor vote on HB-1991 after the Fiscal Oversight Committee cleared the measure. Tennessee lawmakers also passed a bill this week (see 1804110046), though local government opponents to small-cells bills claimed spring wins in eight other states (see 1804100036). While the Rauner-signed SB-1451 “may eventually stimulate deployment of small cells, it will be difficult for municipalities to implement and will create confusion between municipalities and carriers,” emailed Municipal Services Associates President Stu Chapman, a technical consultant for Illinois localities. “Municipalities will need to tread carefully when receiving small cell applications from wireless providers.” Chicago is exempted from the new law, but a pending Illinois amendment, HB-1187, would grandfather communities that adopt local small-cells ordinances before SB-1451 becomes effective June 1. “It's possible that HB 1187 could pass if municipalities get behind it, but it would be an uphill climb to be sure,” Chapman said. Ohio senators voted 26-7 for HB-478 and the House concurred with Senate amendments. Ohio previously enacted a small-cells law in 2016, but multiple courts agreed with local government lawsuits that it violated the Ohio Constitution’s single-subject rule because the wireless language was part of a bill that also addressed animal cruelty (see 1712070056). “Rather than passing that same language in a stand-alone bill, the wireless industry and our municipalities were tasked with resolving the differences and [HB-478] is the product of those negotiations,” state Sen. Bill Beagle (R) said before the vote on the Senate floor. More than 90 municipalities negotiated over the last six months with the wireless industry, “truly a collaborative effort,” Beagle said. State Sen. Bill Coley (R) said a constituent raised health concerns about RF emissions, but research resolved Coley’s concerns enough for him to support the bill. Lawmakers should “keep a close eye” on safety issues “and quickly move should the research start to move in a different direction,” Coley said. The law signed by Rauner "will lay the groundwork for the next generation of wireless and ensure the residents of Illinois are ready to receive the benefits of 5G," CTIA Senior Vice President-State Affairs Jamie Hastings said.