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On September 26, 2018, the Federal Communications Commission (FCC) issued a Declaratory Ruling and a Third Report and Order, referred to as the "FCC Order". The FCC Order implements industry demands to remove barriers and accelerate the transition to 5G deployment, accelerating the United States' transition to 5G cellular networks.
FCC Ruling was effective on December 25, 2018, and includes that:
The League of California Cities is currently challenging the FCC ruling (link).
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The 5G antennae (also known as "small cells") will be used to provide spot coverage to relatively small areas.
The City reviews and approves the location of individual wireless applications within parameters established by both federal and state laws.
Collectively, these federal and state laws prohibit cities from:
The City of Ventura currently has the following regulations:
Federal law (Telecommunications Act of 1996) prohibits cities from considering health impacts when taking action on a wireless application if it meets the radio frequency levels established by the FCC.
No, cities cannot regulate the type of technology a cellular carrier chooses to provide. Regardless, fiber optic cable is a wired technology that does not serve wireless roaming devices (such as cellular phones).
Applicants should review the Summary of APP 36.2 submittal review requirements (link). This establishes guidelines to regulate, control, and authorize small wireless facilities in the public rights-of-way to preserve the public peace, health, safety, and welfare. The current process is:
The City would have to issue a permit for small cell wireless facilities both in the public right-of-way and on private sites.
Click here for a map of all pending and approved small cell installation locations.
There is no City appeal process; however, residents and businesses may contact the Federal Communications Commission (FCC), Public Utilities Commission (PUC), or the 5G provider to voice concerns.