Legislation.Below are a few pieces of legislation being pushed by the telecom industry.
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Current Legislation in Washington Related to 5G
S3157 "Streamlining The Rapid Evolution And Modernization of Leading-edge Infrastructure Necessary to Enhance Small Cell Deployment Act" ("STREAMLINE Small Cell Deployment Act")
• "Preservation of Local Zoning Authority" - the regulation of the placement, construction, or modification of a personal wireless service facility by any State or local government or instrumentality thereof.... shall not prohibit or have the effect of prohibiting the provision of personal wireless service. This overly-broad language could be interpreted so as to require the approval of practically any application.
• As if to anticipate our concerns.... “(iv) ENVIRONMENTAL EFFECTS OF RADIO FREQUENCY EMISSIONS.—No State or local government or instrumentality thereof may regulate the placement, construction, or modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that the facilities comply with the Commission’s regulations concerning such emissions." Why did the drafters of this legislation feel it was necessary to repeat the language of the 1996 telecommunication act? Just to make sure we understood that health impacts are not considered legitimate concerns?
• A state or local government can only deny a permit based on publicly available criteria that are "reasonable, objective and non-discriminatory."
• 60-day shot clock to decide; if no decision, the permit is deemed to be approved.
• No state or local government can impose a moratorium on construction for any reason.
• Fees are limited to actual and direct costs only: no revenue to municipalities from the private use of public rights-of-way or private property by telecom industries.
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H.R. 4953, "Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum" (AIRWAVES) Act.
This bill is about easing rules and regulations around the auctioning of the radio spectrum to allow the more rapid build-out of 5G. Proponents say it will free up more spectrum , which in turn means improved data service from all providers and fewer geographic gaps in coverage. It will also help support the usage of Wi-Fi and Bluetooth technologies.
From a press release: "This bipartisan legislation is critical for the United States to produce a pipeline of spectrum necessary to reap the benefits that next-generation 5G wireless networks and new opportunities for unlicensed services will generate for U.S. consumers, innovation and economic growth. The AIRWAVES Act will also help close the digital divide by setting aside 10% of proceeds from the auctions required by the Act to build out wireless in unserved and often rural areas. This will help close the digital divide without using taxpayer dollars."
Industry propaganda: "Winning the Global Race to 5G. Undeniably, there is a global race for 5G leadership and superiority. According to a new report, the U.S. is currently behind China and South Korea in the race for 5G deployment. These countries are aggressively making spectrum available for 5G. The AIRWAVES Act provides the certainty necessary for the U.S. to reclaim global wireless."
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H. R. 3388 "Safely Ensuring Lives Future Deployment and Research In Vehicle Evolution Act” or the “SELF DRIVE Act" (House of Representatives)
• Pre-empts any state regulation of self-driving cars. Manufacturers don't like state regulations (like California's) that exceed federal standards and they want to make sure that doesn't happen with driverless cars.
• Interesting quote: "The Secretary may not condition deployment or testing of highly automated vehicles on review of safety assessment certifications." ?????
• This is currently on-hold because of recent car crashes involving self-driving cars.
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S 1885 "American Vision for Safer Transportation through Advancement of Revolutionary Technologies Act” or the “AV START Act". (Senate) -
• Essentially the same as the Self-Drive Act.
• This is currently stalled because of recent car crashes involving self-driving cars.
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A Note About NEPA
The National Environmental Policy Act, or NEPA, is a critical law that empowers local communities to protect themselves and their environment from dangerous, rushed or poorly planned federal projects.
Building a new cell tower or collocating an antenna on an existing structure requires compliance with National Environmental Policy Act (NEPA) to consider the potential environmental impact of the action, as well as under other environmental statutes such as the National Historic Preservation Act (NHPA) and the Endangered Species Act (ESA).
In March, the FCC approved an order to accelerate the national approval process for deploying 5G small cells by loosening regulations on 5G deployments in the US.
Previously, the National Environmental Policy Act (NEPA) and National Historic Preservation Act (NHPA) were required to review small cell installations. Under the new order, the majority of small cells will be exempt from NEPA and NHPA reviews, but larger cellular towers used by previous networks will undergo a streamlined process.
* * *
FOR REFERENCE:
Excerpt from the Telecommunications Act of 1996
Regulations Based On Environmental Effects of RF Emissions Preempted
Section 704(a) of the 1996 Act expressly preempts state and local government regulation of the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the FCC's regulations concerning such emissions. 47 U.S.C. §332(c)(7)(B)(iv).
• "Preservation of Local Zoning Authority" - the regulation of the placement, construction, or modification of a personal wireless service facility by any State or local government or instrumentality thereof.... shall not prohibit or have the effect of prohibiting the provision of personal wireless service. This overly-broad language could be interpreted so as to require the approval of practically any application.
• As if to anticipate our concerns.... “(iv) ENVIRONMENTAL EFFECTS OF RADIO FREQUENCY EMISSIONS.—No State or local government or instrumentality thereof may regulate the placement, construction, or modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that the facilities comply with the Commission’s regulations concerning such emissions." Why did the drafters of this legislation feel it was necessary to repeat the language of the 1996 telecommunication act? Just to make sure we understood that health impacts are not considered legitimate concerns?
• A state or local government can only deny a permit based on publicly available criteria that are "reasonable, objective and non-discriminatory."
• 60-day shot clock to decide; if no decision, the permit is deemed to be approved.
• No state or local government can impose a moratorium on construction for any reason.
• Fees are limited to actual and direct costs only: no revenue to municipalities from the private use of public rights-of-way or private property by telecom industries.
* * *
H.R. 4953, "Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum" (AIRWAVES) Act.
This bill is about easing rules and regulations around the auctioning of the radio spectrum to allow the more rapid build-out of 5G. Proponents say it will free up more spectrum , which in turn means improved data service from all providers and fewer geographic gaps in coverage. It will also help support the usage of Wi-Fi and Bluetooth technologies.
From a press release: "This bipartisan legislation is critical for the United States to produce a pipeline of spectrum necessary to reap the benefits that next-generation 5G wireless networks and new opportunities for unlicensed services will generate for U.S. consumers, innovation and economic growth. The AIRWAVES Act will also help close the digital divide by setting aside 10% of proceeds from the auctions required by the Act to build out wireless in unserved and often rural areas. This will help close the digital divide without using taxpayer dollars."
Industry propaganda: "Winning the Global Race to 5G. Undeniably, there is a global race for 5G leadership and superiority. According to a new report, the U.S. is currently behind China and South Korea in the race for 5G deployment. These countries are aggressively making spectrum available for 5G. The AIRWAVES Act provides the certainty necessary for the U.S. to reclaim global wireless."
* * *
H. R. 3388 "Safely Ensuring Lives Future Deployment and Research In Vehicle Evolution Act” or the “SELF DRIVE Act" (House of Representatives)
• Pre-empts any state regulation of self-driving cars. Manufacturers don't like state regulations (like California's) that exceed federal standards and they want to make sure that doesn't happen with driverless cars.
• Interesting quote: "The Secretary may not condition deployment or testing of highly automated vehicles on review of safety assessment certifications." ?????
• This is currently on-hold because of recent car crashes involving self-driving cars.
* * *
S 1885 "American Vision for Safer Transportation through Advancement of Revolutionary Technologies Act” or the “AV START Act". (Senate) -
• Essentially the same as the Self-Drive Act.
• This is currently stalled because of recent car crashes involving self-driving cars.
* * *
A Note About NEPA
The National Environmental Policy Act, or NEPA, is a critical law that empowers local communities to protect themselves and their environment from dangerous, rushed or poorly planned federal projects.
Building a new cell tower or collocating an antenna on an existing structure requires compliance with National Environmental Policy Act (NEPA) to consider the potential environmental impact of the action, as well as under other environmental statutes such as the National Historic Preservation Act (NHPA) and the Endangered Species Act (ESA).
In March, the FCC approved an order to accelerate the national approval process for deploying 5G small cells by loosening regulations on 5G deployments in the US.
Previously, the National Environmental Policy Act (NEPA) and National Historic Preservation Act (NHPA) were required to review small cell installations. Under the new order, the majority of small cells will be exempt from NEPA and NHPA reviews, but larger cellular towers used by previous networks will undergo a streamlined process.
* * *
FOR REFERENCE:
Excerpt from the Telecommunications Act of 1996
Regulations Based On Environmental Effects of RF Emissions Preempted
Section 704(a) of the 1996 Act expressly preempts state and local government regulation of the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the FCC's regulations concerning such emissions. 47 U.S.C. §332(c)(7)(B)(iv).