US Federal Legislation on 5G Small Cells: Take Action To Halt Deployment of 5G Small Cells In Your Front Yard

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United States Federal Legislation on 5G Small Cells

TAKE ACTION on Legislation stripping the community right to decision making on wireless facilities

This page lists current federal legislation moving forward regarding 5G and the Internet of Things.

Take action to protect your community by contacting your federal elected officials today. Set up meetings with your  elected officials at the local state and federal level calling on them to protect the public. These rules are moving forward at a rapid pace in Congress and at the FCC. Letters and emails are not good enough. We recommend you organize your local community by educating citizens and getting emails lists together so you can email out “Take Action” steps. Then set up meetings in person and have the group follow up with emails in support. 

Click here to see FACTSHEETS on 5G Small Cells. 

Please pick up the phone and contact your representatives now. 

Due to the enormous task of tracking the dozens of bills moving forward we have changed this webpage into a blog like form you you can see what is updated.  As there are literally dozens of bills, you can tell your lawmaker you want them to vote against a bill that streamlines 5G and small cells in your neighborhood. Tell them that solutions exist and share this Report “Re-Inventing Wires: The Future of Landlines and Networks”  with them.

FEDERAL LEVEL:

July 2018:

S. 3157: On June 29, Senators John Thune (R-SD) and Brian Schatz (D-HI) introduced the Streamlining The Rapid Evolution And Modernization of Leading-edge Infrastructure Necessary to Enhance (STREAMLINE) Small Cell Deployment Act (S. 3157). The bill is focused, much like the recent FCC rulemaking efforts, on limiting the actions local governments can take on small cell wireless facility siting in an effort to make deployments cheaper, faster, and more consistent across jurisdictions. Call your representatives today and halt this bill.

November 30, 2017

Summary of Pending Federal Legislation Mandating 5G and other Wireless Infrastructure as of November 30, 2017 by Arthur Firstenberg

S. 1988 : “A bill to streamline broadband infrastructure permitting on established public rights-of-way, and for other purposes.”
This Bill exempts most of these new wireless antennas from environmental reviews. 
“Exempt telecommunications infrastructure from environmental and historic reviews by the Federal Communications Commission (FCC) and other federal agencies in a public ROW if previously installed telecommunications infrastructure has already undergone environmental and historic reviews for the same public ROW. Any provider exempted from these reviews must still comply with the National Environmental Policy Act and the National Historic Preservation Act”

“Exempt the deployment of small cells from environmental and historical reviews only if 1) they are being deployed in a public ROW and are not higher than an existing structure in the public ROW; and 2) they are serving as a replacement for an existing small cell and they are the same or substantially similar to the small cell that is being replaced;

“Exempt the deployment of wireless services (e.g. voice, video, or data) from environmental and historical reviews if 1) they are located in an existing public ROW and 2) adhere to tower height and guy wire requirements;

News articles about the S. 1988

 

S 19: The MOBILE NOW Act “Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless Act”

S 19 lays the foundation for 5G Network that will require the build out of millions of small cell transmitters in neighborhoods.  These transmitters will be put in public right of ways exempt from environmental, health or safety review.  

 

S 88: The DIGIT Act

“This bill expresses the sense of Congress that policies governing the Internet of Things (IoT) should maximize the potential and development of the growing number of connected and interconnected devices to benefit businesses, governments, and consumers.”

Federal legislation S 19 and S 88 would preempt local zoning rights and streamline the deployment of “small cells.”  Both the S 19 and S 88 have passed the Senate and are on their way to the House. Please contact your elected representatives and ask that they halt these bills.

 

Airwaves Act S.1682

The Airwaves Act has also been introduced into the senate.  It releases additional spectrum for 5G, promotes complete broadband coverage, proposes to use a portion of spectrum auction money to fund small cell transmitters in RURAL areas. Here is an article about the bill: Hassan, Gardner AIRWAVES Act Earns Praise Across Industries and Political Parties

 

HR 3388 Self Drive Act

This Act is in the Senate which will put 8 radar transmitters on every self driving car using 70 Ghz frequency.

January 2018 Update

 

H.R.4814 — 115th Congress (2017-2018)To amend the Telecommunications Act of 1996 to preserve and protect the ability of local governments to provide  broadband  capability and services.Sponsor: Rep. Eshoo, Anna G. [D-CA-18] (Introduced 01/17/2018) Cosponsors: (6) Committees: House – Energy and Commerce Latest Action:  House – 01/17/2018 Referred to the House Committee on Energy and Commerce. (All Actions)

 

H.R.4847 — 115th Congress (2017-2018)Broadband  Deployment Streamlining ActSponsor: Rep. Brooks, Susan W. [R-IN-5] (Introduced 01/19/2018) Cosponsors: (1) Committees: House – Transportation and Infrastructure, Agriculture, Natural Resources, Energy and Commerce Latest Action:  House – 01/19/2018 Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Agriculture, Natural Resources, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such… (All Actions)

 

H.R.4842 — 115th Congress (2017-2018)

To amend the Communications Act of 1934 to provide that the Federal Communications Commission is not required to perform any review under the National Environmental Policy Act of 1969 or division A of subtitle III of title 54, United States Code, as a condition of permitting the placement and installation of a communications facility, and for other purposes.

Sponsor: Rep. Shimkus, John [R-IL-15] (Introduced 01/18/2018) Cosponsors: (0) Committees: House – Energy and Commerce, Natural Resources

Latest Action:  House – 01/18/2018 Referred to the Committee on Energy and Commerce, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee… (All Actions)—–

 

RESOLUTION

H.Res.689 — 115th Congress (2017-2018)Expressing the sense of the House of Representatives that any infrastructure legislation that provides Federal funds to wireless  broadband  providers to promote wireless  broadband  deployment should prioritize funds for wireless  broadband  providers in States that have enacted streamlined siting requirements for small cells.Sponsor: Rep. Hudson, Richard [R-NC-8] (Introduced 01/11/2018) Cosponsors: (0) Committees: House – Energy and Commerce Latest Action:  House – 01/11/2018 Referred to the House Committee on Energy and Commerce. (All Actions)

H.R.4795 — 115th Congress (2017-2018)Communications Facilities Deployment on Federal Property Act of 2018Sponsor: Rep. Walters, Mimi [R-CA-45] (Introduced 01/16/2018) Cosponsors: (0) Committees: House – Transportation and Infrastructure, Energy and Commerce Latest Action:  House – 01/16/2018 Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of… (All Actions)

 

H.R.4839 — 115th Congress (2017-2018)To provide for the establishment of an inventory of Federal assets to provide information to entities that construct or operate communications facilities or provide communications service.Sponsor: Rep. Lujan, Ben Ray [D-NM-3] (Introduced 01/18/2018) Cosponsors: (0) Committees: House – Transportation and Infrastructure, Energy and Commerce Latest Action:  House – 01/18/2018 Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of… (All Actions) Tracker:

 

H.R.4824 — 115th Congress (2017-2018)

To allow certain State permitting authority to encourage expansion of  broadband  service to rural communities, and for other purposes.

Sponsor: Rep. Curtis, John R. [R-UT-3] (Introduced 01/18/2018) Cosponsors: (8)

Committees: House – Natural Resources, Agriculture

Latest Action:  House – 01/18/2018 Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (All Actions)

 

RESOLUTION

H.Res.701 — 115th Congress (2017-2018)Expressing the sense of the House of Representatives that with respect to any study required to be conducted by the Federal Communications Commission, or any entity regulated by the Commission under the Federal Communications Act of 1934, under the National Environmental Policy Act of 1969 or division A of subtitle III of title 54, United States Code (formerly known as the National Historic Preservation Act), for the provision of  broadband  infrastructure, the area to be studied should be limited to the area of impact.Sponsor: Rep. Flores, Bill [R-TX-17] (Introduced 01/18/2018) Cosponsors: (0) Committees: House – Energy and Commerce, Natural Resources Latest Action:  House – 01/18/2018 Referred to the Committee on Energy and Commerce, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee… (All Actions) Tracker:

 

H.R.4817 — 115th Congress (2017-2018)To direct the Assistant Secretary of Commerce for Communications and Information to make grants for the establishment or expansion of internet exchange facilities, and for other purposes.Sponsor: Rep. Long, Billy [R-MO-7] (Introduced 01/17/2018) Cosponsors: (0) Committees: House – Energy and Commerce Latest Action:  House – 01/17/2018 Referred to the House Committee on Energy and Commerce. (All Actions) Tracker:

 

H.R.4813 — 115th Congress (2017-2018)To direct the Comptroller General of the United States to conduct a study to evaluate the role of unlicensed spectrum in offloading  broadband  traffic, and for other purposes.Sponsor: Rep. Costello, Ryan A. [R-PA-6] (Introduced 01/17/2018) Cosponsors: (0) Committees: House – Energy and Commerce Latest Action:  House – 01/17/2018 Referred to the House Committee on Energy and Commerce. (All Actions) Tracker:

 H.R.4810 — 115th Congress (2017-2018)To direct the Assistant Secretary of Commerce for Communications and Information to carry out activities relating to the development and maintenance of a  broadband  inventory map through the National Telecommunications and Information Administration and not through an agreement with any other agency.Sponsor: Rep. Johnson, Bill [R-OH-6] (Introduced 01/17/2018) Cosponsors: (1) Committees: House – Energy and Commerce Latest Action:  House – 01/17/2018 Referred to the House Committee on Energy and Commerce. (All Actions) Tracker:

 

H.R.4506 — 115th Congress (2017-2018)Jobs for Tribes ActSponsor: Rep. Torres, Norma J. [D-CA-35] (Introduced 11/30/2017) Cosponsors: (8) Committees: House – Natural Resources, Foreign Affairs, Education and the Workforce Latest Action:  House – 01/17/2018 Subcommittee Hearings Held. (All Actions) Tracker:

 

H.R.4800 — 115th Congress (2017-2018)Broadband  Conduit Deployment Act of 2018Sponsor: Rep. Eshoo, Anna G. [D-CA-18] (Introduced 01/16/2018) Cosponsors: (1) Committees: House – Transportation and Infrastructure Latest Action:  House – 01/16/2018 Referred to the House Committee on Transportation and Infrastructure. (All Actions) Tracker:

 

H.R.4798 — 115th Congress (2017-2018)Inventory of Assets for Communications Facilities Act of 2018Sponsor: Rep. Collins, Chris [R-NY-27] (Introduced 01/16/2018) Cosponsors: (0) Committees: House – Transportation and Infrastructure, Energy and Commerce Latest Action:  House – 01/16/2018 Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of… (All Actions) Tracker:

 

H.R.4782 — 115th Congress (2017-2018)Puerto Rico and Virgin Islands Equitable Rebuild Act of 2018Sponsor: Rep. Plaskett, Stacey E. [D-VI-At Large] (Introduced 01/11/2018) Cosponsors: (6) Committees: House – Transportation and Infrastructure, Energy and Commerce, Financial Services, Agriculture, Ways and Means, Natural Resources, Education and the Workforce, Budget, Science, Space, and Technology Latest Action:  House – 01/11/2018 Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, Financial Services, Agriculture, Ways and Means, Natural Resources, Education and the Workforce, the Budget, and Science, Space, and… (All Actions) Tracker:

 

RESOLUTIONH.Res.691 — 115th Congress (2017-2018)Expressing the sense of the House of Representatives that any infrastructure legislation to promote  broadband  internet access or communications facilities deployment should treat all  broadband  and communications facilities in a competitively and technologically neutral manner.Sponsor: Rep. Latta, Robert E. [R-OH-5] (Introduced 01/11/2018) Cosponsors: (0) Committees: House – Energy and Commerce Latest Action:  House – 01/11/2018 Referred to the House Committee on Energy and Commerce. (All Actions) Tracker:

 

RESOLUTION

  1. H.Res.690 — 115th Congress (2017-2018)Expressing the sense of the House of Representatives that no Federal funds granted, awarded, or loaned pursuant to any legislation, infrastructure-specific or otherwise, should be used to fund the construction, improvement, or acquisition of  broadband  facilities or service in areas where there is an existing  broadband  provider that meets certain minimum standards.Sponsor: Rep. Lance, Leonard [R-NJ-7] (Introduced 01/11/2018) Cosponsors: (0) Committees: House – Energy and Commerce Latest Action:  House – 01/11/2018 Referred to the House Committee on Energy and Commerce. (All Actions) Tracker:

 

RESOLUTION

H.Res.687 — 115th Congress (2017-2018)Expressing the sense of the House of Representatives that Federal, State, and local taxes, fees, regulations, and permitting policies should be coordinated and reconciled to maximize the benefits of  broadband  investment.Sponsor: Rep. Bilirakis, Gus M. [R-FL-12] (Introduced 01/11/2018) Cosponsors: (0) Committees: House – Energy and Commerce, Ways and Means Latest Action:  House – 01/11/2018 Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee… (All Actions) Tracker:

 

H.R. 4760  — 115th Congress (2017-2018)Securing America’s Future Act of 2018Sponsor: Rep. Goodlatte, Bob [R-VA-6] (Introduced 01/10/2018) Cosponsors: (70) Committees: House – Judiciary, Education and the Workforce, Homeland Security, Foreign Affairs, Ways and Means, Armed Services, Oversight and Government Reform, Agriculture, Transportation and Infrastructure, Natural Resources Latest Action:  House – 01/11/2018 Referred to the Subcommittee on Highways and Transit. (All Actions)

H.R.4858 — 115th Congress (2017-2018)CLIMB ONCE ActSponsor: Rep. Eshoo, Anna G. [D-CA-18] (Introduced 01/19/2018) Cosponsors: (1) Committees: House – Energy and Commerce Latest Action:  House – 01/19/2018 Referred to the House Committee on Energy and Commerce. (All Actions) Tracker: BILL

 

H.R.4832 — 115th Congress (2017-2018)RESTORED Act of 2018Sponsor: Rep. Cramer, Kevin [R-ND-At Large] (Introduced 01/18/2018) Cosponsors: (0) Committees: House – Energy and Commerce Latest Action:  House – 01/18/2018 Referred to the House Committee on Energy and Commerce. (All Actions) Tracker:

 

H.R.4824 — 115th Congress (2017-2018)Rural  Broadband  Permitting Efficiency Act of 2018Sponsor: Rep. Curtis, John R. [R-UT-3] (Introduced 01/18/2018) Cosponsors: (8) Committees: House – Natural Resources, Agriculture Latest Action:  House – 01/18/2018 Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (All Actions)

October 2017 Bills 

HR 3895 Smart Cities and Communities Act, was introduced in the House of Representatives on October 2nd, 2017 by Rep. Suzanne K. BelBene and Rep. Ben Ray Lujan.  Purpose: “To promote the use of smart technologies and systems in communities and for other purposes.”

HR 3901 Moving FIRST Act 
Representatives on October 2nd, 2017 by Rep. Mark DeSaulnier and is cosponsored by Rep. Lloyd Smucker.  Purpose:  To direct the Secretary of Transportation to establish the Strengthening Mobility and Revolutionizing Transportation (SMART) Challenge Grant Program to promote technological innovation in our Nation’s cities.    

Public Relations Notice:
https://www.energy.senate.gov/public/index.cfm/2017/10/cantwell-delbene-luj-n-introduce-smart-cities-bill

Media coverage by State Scoop:
http://statescoop.com/new-legislation-proposes-increased-support-for-smart-cities

Scientists For Wired Technology maintains a full running  list of federal legislation and we invite you to also go to their page for updates as there are literally dozens of bills moving forward and proposed.

FCC Rules

The FCC is rapidly putting forward new rules that would preempt local authority on the small cell buildout. As an example see Docket No. 17-79. However this is just one of many.

FCC FACT SHEET* Replacement Utility Poles Report and Order WT Docket No. 17-79

4/20/2017 FCC Press Release: FCC TAKES STEPS TO PROMOTE WIRELESS BROADBAND DEPLOYMENT Removing Barriers to Investment Needed for America’s 5G Future

To take action on the FCC rules you can do four things

  1. Contact your federal elected officials and call for immediate action on this issue. Set up a meeting, follow up and ask that they are are part of the solution. Ask them to file comments on these rules and to communicate that their constituents do not want cell antennas in their front yard.  If you are told that “there is nothing they can do” do not accept this. They can make the difference and as elected officials that is their job. Follow up with staffers that you meet with and have in-person meetings.
  2. Contact the federal representatives on their FCC Congressional oversight committee with letters calls and meetings.
  3. File yourself comments on the Dockets that pertain to the small cell rollout.
  4. To all your elected officials communicate that the Telecom Act section that eliminates our right to halt cell towers based on environmental effects must be repealed.  

Heading to Washington DC to talk with your elected officials?

Talking face to face with your elected officials in our State Capital is a great way to support protective policy. We recommend you schedule meetings at your elected official’s office. Sometimes representatives are able to talk with you in person on their way to votes and committee meetings.

Find Your Senator at this link to get phone numbers and contact info.

Find Your Representative at this link to get phone numbers and contact info.

Senate Floor Schedule

Senate Committee Meetings/Hearings Schedule

 

STATE LEVEL

Click here to see our  list of US States with Legislation (Proposed and Passed) Regarding Streamlining of Wireless Facilities in Rights of Way.  

Click here to go to Common Cause “Find Your Elected Officials Page” where you can you can find your Elected Officials, how to contact them, bills they’ve introduced, committees they serve on, and political contributions they’ve received.

“Handcuffing cities to help Telecom Giants; Carriers Are Pushing States and the FCC to Constrain Public Rights, They Say it’s for the Mythical “5g,”  We Should Be Very Skeptical by Susan Crawford and John A. Reilly Clinical Professor of Law at Harvard.

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