In an effort to enhance their existing networks and to lay the foundation for future 5G technology, wireless carriers are deploying more antennas, many on utility poles, within the public rights-of-way. This seminar will explore ways that local governments and wireless carriers can work together to make the most of state-of-the art wireless technology and avoid potential negative impacts.

Over 300,000 cell towers are currently in operation across the country. Because of the interconnectedness of modern life, the wireless networks need to be enhanced to keep up with the insatiable data demand of consumers. Smart homes, smart cities, autonomous cars and machine-to-machine communications (the internet of things) will soon add an exponential increase in the demand on these networks. 5G technology is much faster and offers massive connectivity, but it uses higher frequencies with shorter wave lengths. Walls, trees and other obstructions can easily block its transmission, so 5G networks need to be denser and closer to users - near residences and businesses. This puts the antennas and equipment on utility poles or light poles in the public rights-of-way that traverse residential and commercial areas.

In March, the FCC voted to ease environmental and historic preservation reviews to help streamline 5G installation and to encourage placement in underserved areas. The Commission is considering additional rules to curtail local involvement in other ways, such as shortening the time for municipal review of siting applications, providing a “deemed approved” remedy, and whether it should redefine the characterization of the distinction between State and local governments’ regulatory roles versus their proprietary roles as “owners” of public resources, such as public rights-of-way (e.g., highways and city streets), municipally-owned lampposts or water towers, or utility conduits. The FCC has asked for comment on whether a distinction should be drawn between “regulatory” and “proprietary” on the basis of whether
State or local actions advance those government entities' interests as participants in a particular sphere of economic activity (proprietary), by contrast with their interests in overseeing the use of public resources (regulatory).

State regulations governing the installation on utility poles within the public rights-of-way are a century old. And while the installation of 5G equipment may raise aesthetic concerns, there are clever ways to conceal and disguise such equipment. Is your town ready for the deployment of these facilities? Our informative seminar brings local government and land use lawyers up to date about the new technical advances, the siting of the antennas and equipment needed to provide state-of-the-art services and what that might mean for municipalities, land use lawyers and the clients they represent.

NJ CLE: This program has been approved for 3.6 credits (50 minute hour)

NY CLE (t&nt): 3.5 professional practice credits