Show All Answers

1. How will 5G be used by city residents and businesses?

The 5G antennae (also known as "small cells") will be used to provide spot coverage to relatively small areas.

2. What control does the City have over 5G small cell facilities?

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: 

• Cities shall not prohibit or effectively prohibit installation of 5G infrastructure. Discuss that the City cannot regulate due to RF transmission.
• The City is able to review and approve the 5G sites based on aesthetic considerations only.
• The City is required to approve a submission based on a “Shot clock”, this is the time the City has to approve a submitted 5G site.

The League of California Cities is currently challenging the FCC ruling (link). 

3. Who governs the location of wireless facilities?

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:

1. Denying a carrier the ability to provide service either through explicit prohibitions (example: banning new wireless facilities) or through actions that effectively prohibit service. 
2. Denying wireless applications based on health concerns, such as those expressed about radio frequency emissions. 
3. Stalling or failing to make a decision.  The Telecommunications Act imposes a short time frame, often referred to as a shot clock, for a city to review a wireless application.  Failure for a city to act results in the application being automatically approved without the ability to impose conditions of approval.
4. Denying a carrier from using the public right-of-way to install their equipment. 

4. What is the City doing to regulate 5G facilities?

The City of Ventura currently has the following regulations: 

• Emergency ordinance (link)
• City Standard Construction Detail #414:  https://www.cityofventura.ca.gov/DocumentCenter/View/15525/414-Small-Cell-Support-Structure-PDF
• Encroachment Permits or Development Permits
  • Most 5G installations would require an encroachment permit because it is within the public right-of-way.  However, if the installation work requires review by the City’s Planning Division, it would then be covered under a development permit.  An example of this type of project is a business changing an informational sign on the property. 

5. Can potential health effects prevent these installations from being approved?

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.  

6. Can the City require fiber underground as an alternative?

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). 

7. What is the application process for a 5G facility?

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:

1. The small cell 5G wireless provider identifies a location for this Small Cell Wireless Facility 
2. The City approves the site location, aesthetics, equipment, and right-of-way management 
3. The City issues a Street Light Authorization (SLA) for all street light replacements when required
4. SCE designs the electrical system 
5. The City permits new pole and the electrical system 
6. The City permits 5G provider to install the small cell wireless equipment 
7. The City permits connection to fiber utility 

8. What control does the City have between public and private site installations?

The City would have to issue a permit for small cell wireless facilities both in the public right-of-way and on private sites.

9. What type of facilities could be used for small cell wireless (5G) equipment?

• Southern California Edison (SCE) light poles 
• City light poles 
• JPA or Joint Use Utility Poles
  • Wood poles

10. What is the status of application for 5G sites in the City?

Click here for a map of all pending and approved small cell installation locations.

11. Is there an appeal process for approved 5G sites?

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.