Small Cell Drawing

Wave of NIMFY (Not In My Front Yard) Small Cell Ordinances and Litigation Coming

Small Cell Drawing
Construction drawing page showing a small cell submitted to a municipality for approval

Over the last year, we have seen a significant jump in the number of municipalities revising their land use ordinances in response to the increasing tide of proposals for new small cells to be installed within the right of way. Residents and communities typically dislike having wireless equipment located close to their homes, and many view the possibility of new poles with small cells being erected in their front yards to be even more objectionable. Public opposition is significant, and municipalities are lawyering up to determine what rights they have to oppose these new small cell poles. The industry has historically referred to this faction of tower opponents as “NIMBY”s – an acronym for Not In My Back Yard. Because these proposed small cells are to be installed in the right of way – in front yards – we will refer to this subgroup as “NIMFY”s – Not In My Front Yard.

These ordinances typically contain height restrictions and limitations on where and how new poles can be installed. For the most part, they appear to recognize that attachments to existing poles are acceptable, provided that they don’t impact public safety or inhibit use of the right of way. Some ordinances include restrictions on the appearance or size of the equipment. One universal aspect of these ordinances is that they all impose limitations on the height of new small cell poles in the right of way. This would seem to impact Mobilitie more than the wireless carriers or other tower companies who are building small cells, such as Crown Castle and Extenet. These height limitations typically range between 30′-40′, significantly lower than the 120′ structures that Mobilitie is proposing in various municipalities. Depending upon state law, these ordinances may also prohibit new poles in areas where there are no existing utility poles, or limit new poles to the height of existing utility poles.

We are increasingly seeing the first round of litigation regarding these ordinances, a trend we expect to continue. This past week, the City of San Francisco won litigation against T-Mobile, Extenet, and Crown Castle regarding its small cell ordinance (see the San Francisco, CA link below for more details). But despite this victory, the rights vested in municipalities to regulate small cells and new poles will continue to be contested, and further regulations at the local, state, and federal level will be forthcoming. FCC Chairman Tom Wheeler directly addressed these issues in his speech to the CTIA Mobility Conference a few weeks ago: “If siting for a small cell takes as long and costs as much as siting for a cell tower, few communities will ever have the benefits of 5G. We recognize that this is a major concern and are committed to working to lessen these burdens and costs to ensure that 5G is available nationwide.”

The list below represents just a few of the cities that have enacted or are in the process of enacting small cell policies/ordinances. Any pending or completed litigation has been noted after the link.   We have excluded any municipalities with whom we are actively working on ordinance or policy review. As we find additional articles, we will add them to the list.

Macon, GA

Fort Wayne, IN

College Township, PA (litigation)

Overland Park, KS

San Francisco, CA (litigation)

Baltimore, MD

Meadville, VA

Roanoke, VA

Spokane, WA

Winnetka, IL

Montgomery County, MD

 

2 comments

  1. Mobilitie: Please release via FOI Act the addresses of your two 5G teat installations in Spokane, WA.

    I am selling my house in hotwired CA and moving back to Spokane, WA. Where I used polltoive. I am EMF sensitive. Wifi debilitates my body and mind. I have Avista permission to remove any smart meters on whatever house I choose to buy. I will also need to know the location of cell towers — but esp. any 5G small cell installations — in Spokane. Can you please let me know where you will be erecting 5G cell towers/masts/ phone poles? Esp. your planned short trials of 5G in 2 Spokane neighborhoods.  I hope, wirh this info, to be able to purchase a home relatively free of EMF radiation.

    Thank you,

    Joanna Gear

    [email protected]

     

     

  2. Joanna, To clarify, my company does not deploy any 5G or other wireless equipment anywhere. We are consultants to landowners who have been approached for cell sites. The best way to find out where cell sites and small cells are located it to reach out the City of Spokane building permit department. They may direct you to different departments, but should be a good start.

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