Small Cell Antenna

Small cell wireless facilities contain telecommunication equipment like antennas and radios, and are attached primarily to existing infrastructure such as public streetlights, traffic signal poles or utility poles. Because small cells are capable of transmitting a large amount of data at high speed over a small area, they are a solution to provide data capacity relief for densely populated areas as demand continues to surge. Federal Communications Commission (FCC) defines small cell facilities as low-powered wireless base stations that typically provide coverage for targeted indoor or localized outdoor areas ranging in size from homes and offices to stadiums, shopping malls, hospitals and metropolitan outdoor spaces. The installations of this equipment help wireless carriers add capacity to their networks to provide better access to cell phone coverage and high-speed wireless data services.

State and federal laws regulate wireless infrastructure that is deployed within city right-of-way. The city owns and operates these rights of way (e.g., streets, sidewalk, alleyways, etc.) and regulates construction that occurs within the right-of-way. Wireless carriers must apply for a permit to construct small cell wireless facilities within the City's right-of-way. The city will assess applications for permits to install new or alter existing wireless facilities and ensure sites adhere to city regulations and standards. Several examples of these standards reviewed by the city include safety, and aesthetics. The city authorizes access to public rights- of-way, and may impose rental fees upon wireless carrier to install small cell wireless facilities within the right of way.

The City is not involved, and does not dictate, plan, or require where small cell wireless facilities will be placed in the right-of-way or on private property. The City does not participate, in any way, in how, when, or where small cell wireless facilities will be deployed in the right-or-way or on private property. By law, the City's only function is to regulate usage of its rights-of-way, and require that deployment of wireless facilities are done in a manner that protects the health, safety, and welfare of the community.

The Planning and Community Development Department administers and reviews requests for sites located on private property through the City's existing Zoning Code.

Oversight of wireless siting is largely established from three federal laws.

These federal laws are designed to stimulate wireless infrastructure development and limit local authority that might frustrate that development. Most recently, in September 2018, the Federal Communications Commission (FCC) issued FCC-18-133 that interprets federal law governing small cell wireless facilities to further remove barriers to wireless infrastructure deployment

In 2017, Arizona adopted legislation (Title 9, Chapter 5, Article 8 of the Arizona Revised Statutes) granting right-of-way access to wireless providers to deploy technology known as small cell. This legislation was adopted as part of a nationwide effort to expedite the deployment of these small cell wireless facilities, and meet the exponential growth in mobile data usage. Florida, Colorado, Texas and Virginia are among the states that have adopted similar legislation.

The FCC requires all FCC-regulated transmitters, including small cell, to comply with its radio frequency exposure standards. The FCC sets RF emissions limits in close consultation with the FDA and other health agencies. Compliance with these guidelines ensures exposure levels remain well below those generally believed to cause adverse health effects. The FCC's authority and responsibility to set RF emissions levels for FCC-regulated transmitters is found in the National Environmental Policy Act of 1969. FCC rules governing RF emissions exposure are contained in 47 C.F.R. §§ 1.1307, 1.1310. For more information, please visit the FCC's web page on Radio Frequency Safety. Questions or concerns regarding human exposure to RF emissions from FCC-regulated transmitters can be directed to:

Federal Communications Commission
Consumer & Governmental Affairs Bureau
445 12th Street SWWashington, DC 20554
Phone 1-888-225- 5322

Yes. Arizona State law allows for a new, replacement or modified utility pole (i.e., a communications pole, electric distribution pole or light pole) to be placed in the right-of-way as long as the pole is: (1) no more than 10 feet in height above an existing pole within 500 feet of the new pole, but no more than 50 feet in total height, or (2) the new pole is no more than 40 feet above ground level. A.R.S. § 9-592(I).

No. The new FCC regulations apply to small cell site facilities located within the right-of-way. The large, traditional lattice structures are not subject to the new FCC rules for small cell facilities and are subject to all the typical land use, zoning, engineering, and development requirements from the City.

No. The federal and state laws regulate small cell wireless facilities constructed in the right-of-way. A.R.S. § 9-592(A). These laws do not regulate small cell facilities constructed on private property, and wireless providers must obtain the permission of the property owner. A.R.S. § 9-593(L). The Planning and Zoning Department administers and reviews requests for sites located on private property through the city's planning and development through application of the city's zoning code.

No. Under federal and state law, the city cannot regulate or require the number of cell facilities that are installed within the city, but the city may impose some restrictions limited to protecting the public health, safety, and welfare of the community.

• Overview of the FCC's Decision-Making Process
• FDA Safety with Respect to Radio Frequencies
• FCC Wireless and Health Concerns
• 5G Legislation
• 5G Legislation Bill
• The Energy and Commerce Subcommittees
• The Energy and Commerce Committee and Subcommittees