Portland, Ore., Seeks 5G RF Emissions Study, Possibly Flouts FCC Small-Cells Order

“I don't know why we would not want to do these studies,” Wheeler said at the livestreamed meeting. Also, the council voted 4-1 to grant a one-year temporary permit to AT&T that allows annual small-cells rates for the right of way that are much higher than what was in the FCC’s September order.

Cellphone consumer safety is important to industry, CTIA responded. “We follow the guidance of the experts when it comes to antennas and health effects. Following numerous scientific studies conducted over several decades, the FCC, the FDA, the World Health Organization, the American Cancer Society and numerous other international and U.S. organizations and health experts continue to say that the scientific evidence shows no known health risk to humans due to the RF energy emitted by antennas and cellphones.”

Federal agencies decided 5G frequencies are safe, though that determination is “constantly undergoing review,” FCC Commissioner Brendan Carr told the Senate Commerce Committee in October (see 1810150045). Portland is one of many localities suing the FCC in the 9th Circuit U.S. Court of Appeals over recent infrastructure orders (see 1903070059). The agency didn’t comment Wednesday. Carriers are continuing to roll out fifth-generation wireless in the U.S.(see 1903130051). Their spending on the new standard won't all come at once, a supplier executive cautioned this week (see 1903130004).

An impact statement attached to the RF emissions resolution said while “benefits of 5G have been heralded by some, others caution against installing the new wireless communications technology in communities before better understanding the potential health risks associated with it.” Local governments can’t reject 5G deployment due to health concerns, but “we must stay as informed as possible to uphold our commitment to protecting the health and safety of our community members,” it said.

Meanwhile, AT&T and the city reached final agreement on a 10-year franchise. It could take four months to get city approval, so AT&T had sought a temporary, revocable permit. The FCC capped annual fees at $270 per facility, but the company agreed to pay Portland $1,250 yearly, plus a one-time donation of $200,000 for a digital inclusion fund.

Wheeler opposed federal pre-emption in municipal ROWs. “That is our infrastructure … and we get to establish the standards and the rates by which we rent that infrastructure to private sector companies,” the mayor said. Commissioner Jo Ann Hardesty (D) voted against the AT&T agreement after raising concerns about too little detail on the digital inclusion fund.

Small-Cells Notebook

South Carolina state senators posed a small-cells bill Tuesday, aiming to streamline 5G wireless deployment by pre-empting local government in the right of way. Like many other state bills, S-638 would deem granted applications not processed within 60 days. It would limit applications fees to $100 for the first five small-cells facilities and $50 for each additional facility on the same application, or $250 for installation, modification or replacement of a pole with collocation of an associated facility. It would cap annual occupancy fees at $20 annually per facility and collocation fees at the same rate.

The Municipal Association of South Carolina opposes the bill, which it understands is a "work in progress," emailed Director-Governmental Affairs Tigerron Wells. "While we do not agree with the limitations placed on state and local governments by the FCC’s 2018 ruling, we believe they are presently in effect and controlling unless or until overturned through legislation or legal challenge. Any attempt to preempt local veto authority over access to rights of way should not exceed that which has been already committed by the FCC." Local governments don't want to stand in the way of technology that's good for their communities, "but there are legitimate local considerations that should not be overridden preemptively," he said.