Can the City impose a moratorium or prohibit small cells in residential or school zones?

For information regarding moratoriums of small cell installations, please review the City Attorney’s memorandum to Public Works dated April 6, 2018 as presented to the Public Works Commission on April 11, 2018.

Local agencies cannot prohibit or have the effect of prohibiting small cells, per the Telecommunications Act of 1996 (47 U.S.C § 332(c)(7)(B)(i)(II)). It is illegal for the City to prohibit small cell deployment in residential areas or any other zones as it would violate this federal code. The City must allow wireless service providers to use public right-of-way. The City design standard has indicated residential zones, schools and parks are least preferred, but they are not outright prohibited.

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1. What are Small Cells?
2. What is Public Right-of-Way?
3. Can the City prohibit the installation of Small Cell facilities?
4. Who regulates limits for radio frequency (RF) emissions?
5. How can I get more information about my health concerns?
6. Do Small Cell facilities require City permits?
7. Does the City’s permit review address the design of Small Cells?
8. Can I appeal an approved Small Cell permit?
9. What Environmental Review are Small Cell facilities subject to?
10. Who owns the poles or wires and who can attach equipment?
11. Can multiple carriers install Small Cells on the same pole?
12. How long does construction take for a Small Cell facility?
13. Do other cities have Small Cell facilities installed?
14. Can the City impose a moratorium or prohibit small cells in residential or school zones?
15. How is it that other cities have prohibited Small Cells near residences?
16. Is there a conflict of interest since the City receives money from all the cell companies?