Phoenix-Area Mayors Say They'll Trade Some Control for 5G Smart Cities

Half the states have small-cells laws, with Nebraska becoming No. 25 after Gov. Pete Ricketts (R) Friday signed LB-184, the pre-emptive bill that was unanimously passed by the legislature (see 1905130025). New York Sen. Kevin Parker (D) introduced a similar bill (S-6071) Thursday. It includes a “deemed approved” provision on a 60-day shot clock, and caps annual fees at $20 per pole or wireless support structure. Application fees couldn't be more than $100 for each of the first five facilities on an application and $50 for each additional facility.

Gilbert is one of the first Arizona local governments to streamline rules for small-cells deployment. Carriers have tested 5G in Gilbert, and 30 small-cells applications are pending, but carriers haven’t fully deployed, she said. “We’re more ready than industry is to roll out 5G.” Daniels, who CTIA calls 5G "champion," aims to “future-proof” the city with 5G and smart-city technology. “Our businesses need it and our citizens are going to be relying on it in a very short period of time, so we want to be ready.” Daniels is excited for a “transportation revolution” and improved city services including geolocating trash cans and sensors in water mains.

Peoria is “in the process of working out the regulations and all of the standardizations,” while also determining smart-city goals, said Carlat, noting that her city is looking to Gilbert for best practices. “We don’t want to decide how we’re going to deploy the technology … until we are sure how it is going to be best used.” Carlat hopes to finalize rules within one year, she said. Cities with 5G will be more attractive to businesses than ones that don’t have it, said Carlat.

Local implementation of the Arizona law “is going well,” emailed Savage from Arizona’s municipal league. “Cities and towns have adopted their required ordinances to comply with the new law. Most of the permitting activity has been in and around Phoenix and Tucson as the carriers are working to first densify their networks in urban areas. We are also working with some of our communities outside of the metropolitan regions that are getting their first request for small-cell permits.”

Phoenix-area communities are working together to share best practices on how to standardize rules for 5G, said Greater Phoenix Economic Council (GPEC) CEO Chris Camacho, in an interview with Daniels and Carlat. Cities that don’t embrace 5G and other new technology will be left behind, he said: “It’s an arms race at the regional level.”

Pre-emption

Many local governments oppose pre-emptive state small-cells laws and challenged the FCC's summer infrastructure orders in the 9th U.S. Circuit Court of Appeals. Phoenix opposed Arizona’s small-cells bill, while Yuma, Arizona, and the League of Arizona Cities and Towns are intervenors in the lawsuit against the FCC.

“There’s always a little bit of ire when somebody talks about pre-emption,” said Carlat about other cities’ resistance to state small-cells laws. “Local governments will not have the ability to create the overarching local regulation when it comes to 5G. But nevertheless, it’s good technology, it’s useful [and] it’s great for our city and economic development.” Making the right rules to encourage that “is not asking too much,” she said.

Daniels and Carlat met May 7 with FCC Commissioner Brendan Carr as part of a GPEC visit to Washington. The mayors urged policies to promote competition and build a tech-savvy workforce, said Daniels: “Isn’t it great to get government out of the way?” The FCC’s September small-cells order didn’t affect municipalities since the Arizona law already set rules, Daniels noted. “Our federal government is actually ahead of the needs of the industry.”

“Mayor Daniels and so many others in Arizona have been helping to lead the way with smart infrastructure policies," Commissioner Brendan Carr said in a statement to us. Carr saw one provider's first small cell go up in Arizona late last year, he said. "I am proud of the work we’ve accomplished at the FCC by building on these efforts."

Daniels wants industry to “respect the investment that the taxpayers have already made” in street poles and other infrastructure in the right of way. The Gilbert mayor welcomes tech companies that come with the attitude of wanting to protect the infrastructure and wanting to use it to improve lives.

Cities Vary

“Municipalities should be excited about the opportunities 5G will bring, and should be implementing policies to accommodate deployment in their communities,” NATOA General Counsel Nancy Werner emailed Friday. “NATOA’s concern with state small cell legislation is that most of these laws are one-size-fits-all. Given the diversity among municipalities, we don’t think this is the right approach. Preemptive laws will not, by themselves, result in ubiquitous deployment. We would rather see municipalities retain the authority to implement innovative policies that attract 5G to their communities while remaining responsive to unique local challenges and concerns.”

The Arizona league fears the FCC order will cause confusion, Savage said. “It may not necessarily pre-empt Arizona’s law but will make it challenging to follow because our state’s definitions in our small-cell laws do not align” and “the FCC has not yet provided guidance for states with existing laws,” he said. “If the Order prevails and does pre-empt Arizona law, it would have only provided cities and towns 30 days to comply with the sweeping changes,” compared to six months in the state law. FCC limits on “aesthetic review regarding undergrounding facilities and infrastructure spacing requirements … also conflicts with Arizona’s law,” he said.

“Giving Nebraskans more access to next generation broadband technology will connect our communities and create more great opportunities,” said Ricketts in a statement on signing LB-184. “I look forward to seeing the growth that this generates as more and more 5G technology comes on board and keeps our state moving forward.”

The wireless industry applauded. "Now that half of all states have enacted similar laws ... the U.S. is in a strong position to win the global race to 5G,” said Wireless Infrastructure Association CEO Jonathan Adelstein.