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Small Cell Tech Legislation Takes Baby Steps Toward Assembly Vote

An Assembly panel approved legislation to establish a statewide framework for the deployment of small cell technology.

Despite the united and forceful opposition of cities and local governments throughout California, an Assembly panel approved legislation on Wednesday June 29 to establish a statewide framework for the deployment of small cell technology.

SB 649, authored by Sen. Ben Hueso, D-San Diego, passed through the Assembly Local Government Committee by a 6-1 vote after a contentious three-hour hearing in which health advocates raised fears of microwave radiation exposure and local government officials voiced concern about losing local control.

Backed by the telecom industry, Hueso said his measure presents an historic opportunity for the Legislature to advance the next generation of wireless technology “without spending a taxpayer dollar.”

“It’s infrastructure that’s going to give cell phone users, Internet users much better service, much better connectivity, faster speeds and it’s going to provide law enforcement with greater tools to help address the needs of the community in a faster fashion,” Hueso told lawmakers as he presented the bill.

At issue is how telecommunication companies should be allowed to deploy so-called small cells to improve high-speed Internet coverage. A fraction of the size of traditional cellphone towers, small cells can be attached to utility poles, buildings and placed at public venues.

Hueso’s bill would streamline the permitting process for small cell wireless facilities and would allow telecom companies to install the nodes on city street lights and other public infrastructure.

“We are the only industry that will knock on your door and say, 'We’d like to invest $2.5 billion in the next three to four years in new infrastructure, new wireless infrastructure throughout California,'” said Bill Devine, an AT&T vice president.

Local elected leaders from rural and urban areas showed up in force to oppose the measure, accusing lawmakers of giving the telecom industry carte blanche to place their equipment wherever they want — on any publicly owned street light, traffic signal or any wood pole with electricity, cable or telephone lines attached.

“This bill subsidizes the private sector with low market rates for the usage of public assets paid for by city residents,” said Erin Hannigan, vice chair of the Solano County Board of Supervisors.

Hueso said recent amendments to the bill clarify that cities would retain the discretion over where and how small cells could be placed. He also said cities could negotiate their own contract terms with telecommunication providers. Hueso, who has accepted some 30 amendments to the bill since he introduced it in February, urged cities to come forward with proposals that would address their concerns.

The measure now goes to the Assembly Communications and Conveyance Committee.