The FCC’s Approach to Small Cells Strips Municipalities of Rights, Claim NATOA Panelists

Wireless infrastructure deployment, particularly for small cell or distributed antenna systems, promise smart city innovation abilities. But this rollout is likely to be stymied until resolution of disputes between industry and municipalities. Local officials are upset that federal intervention – by Congress and by the Federal Communications Commission – is hampering their ability to govern their own rights-of-way. Panelists of a webinar hosted by the National Association of Telecommunications Officers and Advisors argued that local governments must take proactive steps to maintain their influence in negotiations with industry over small cell deployment. Although the FCC would prefer to ignore them, municipalities do have rights concerning the deployment of wireless infrastructure facilities. In particular, the Telecommunications Act of 1996, which preserves local zoning authority over the “placement, construction, and modification of wireless facilities.”