SB 1188 and HB 1767 Pre-empt Local Authority to Control Community Right of Ways.

 1 Minute video clip on what we can expect if these bills pass.

Excellent website on Telecom’s Power Grab.

https://www.telecompowergrab.org

SB 1188 and HB 1767 unpacked…by Whatis5G.org 

Except where the Bill(s) provides exclusions, it pre-empts local authority in the rights-of-way to regulate:

1) the attachment of antennas to government poles and the pole- or ground-mounting of related equipment, to be used as “small wireless facilities;”

2) the suspension of aerial lines between poles and attachment of antennas upon those lines and the pole- or ground-mounting of related equipment, also to be used as “small wireless facilities;” and

3) the installation of new poles in the rights-of-way, and the attachment of antennas and pole- or ground-mounting of related equipment, to be used as “small wireless facilities.”

Keep in mind, for the pre-empted category of public right-of-way, once installed, despite the “collocation” provisions in the Bill(s), each site becomes an opportunity for expansion under the Spectrum Act. That Act permits eligible facilities in a public right-of-way to be increased in height by 10 feet, increased in width by 6 feet (think antennas), and for the equipment to be expanded, too. If you want to see how the height extension could be accomplished on an existing pole, go to today’s Tower Committee agenda regular application, and look at the pipe extension. 

The Bill(s), except where exclusions are provided, pre-empts local authority outside the public rights-of-way to regulate:

1) the attachment of antennas to government poles and the pole- or ground-mounting of related equipment, to be used as “small wireless facilities;”

2) the attachment of antennas and related facilities to government poles to be used as “small wireless facilities;” 

3) the attachment of antennas and facilities to any property that the government owns or manages any “wireless support structure,” which “means a structure that is designed to support or be capable of supporting wireless facilities.”

 Keep in mind, for the pre-empted category of outside a public right-of-way, which includes all of this second category and perhaps some of the right-of-way category above, once installed, despite the “collocation” provisions in the Bill(s), each site becomes an opportunity for expansion under the Spectrum Act. That Act permits eligible facilities outside a public right-of-way to be increased in height by 20 feet, and to be expanded in width by 20 feet, and for cabinetry to be expanded, too.