Mobile 5G and Small Cell 2019 Legislation
Heather Morton
Mobile fifth-generation (5G) wireless systems are the next upgrade of wireless technology, offering faster speeds, greater capacity and better reliability.
To deploy this technology, new infrastructure, called small cells, must be used. Small cells generate less power, collect and transmit signals in a short range from one another and require collocating the cells on other infrastructure. Small cell wireless facility deployment requires streamlined federal, state and local permitting, rights of way, application timelines and other siting and application fees, and application review timelines and appeals processes to make it economically feasible for wireless companies to deploy the technology across communities.
Prior to 2019, 21 state legislatures—Arizona, Colorado, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, New Mexico, North Carolina, Ohio, Oklahoma, Rhode Island, Tennessee, Texas, Utah and Virginia—have enacted small cell legislation that streamlines regulations to facilitate the deployment of 5G small cells.
These laws take into consideration the unique circumstances of their state and local environment, but baseline principles can be established and are consistent with wireless industry standards, including:
- Streamlined applications to access public rights of way.
- Caps on costs and fees.
- Streamlined timelines for the consideration and processing of cell siting applications.
Twenty-three states have introduced mobile 5G and small cell-related legislation in the 2019 legislative session. Alabama, Arkansas, Connecticut, Florida, Georgia, Kansas, Louisiana, Maine, Nebraska, North Carolina, West Virginia and Wisconsin enacted legislation or adopted resolutions in 2019.
The box allows you to conduct a full text search or use the dropdown menu option to select a state.
| State | Bill Number | Bill Summary |
|---|---|---|
| Alabama | SB 264 | Authorizes the installation and deployment of small wireless facilities and poles on public rights of way; establishes a permitting process; provides exemptions; provides indemnification, insurance, and bonding requirements. |
| Alabama | SJR 32 Signed by governor 6/4/19, Act 353 | Establishes an advanced small wireless facilities deployment task force. |
| Alaska | None | |
| Arizona | None | |
| Arkansas | HB 1874 Signed by governor 4/8/19, Act 797 | Establishes the Small Wireless Facility Deployment Act in order to develop strong wireless and broadband communications networks through the state. |
| Arkansas | SB 602 Signed by governor 4/15/19, Act 999 | Establishes the Small Wireless Facility Deployment Act. |
| California | None | |
| Colorado | None | |
| Connecticut | HB 6424 Failed Joint Favorable deadline 3/21/19 | Requires the Public Utilities Regulatory Authority to develop standards for the process for attaching equipment to utility poles for owners of utility poles and people who occupy and use utility poles. |
| Connecticut | HB 7152 Signed by governor 7/9/19, Public Act 19-163 | This bill establishes a Council on 5G Technology and tasks it with (1) reviewing wireless carriers’ requests to place personal wireless service facilities and small wireless facilities, as defined in federal law, on state-owned real property and (2) determining which state-owned properties may be made available to the wireless carriers for these facilities. Among other things, the bill requires the council to (1) adopt guidelines for safely placing personal wireless service facilities and protecting open space land and (2) perform due diligence and review comments from any entities that own property within a 500-foot radius of any state-owned real property under the council’s review. The bill requires the Office of Policy and Management (OPM) to jointly develop, with certain other state agencies, licensing agreements, forms, and fee structures for placing the wireless facilities on state-owned property. The bill also specifies that it does not supersede existing rules and requirements requiring the review and approval of permits for proposed personal wireless service facilities under the Public Utilities Regulatory Authority’s (PURA) and the Connecticut Siting Council’s jurisdiction. Lastly, the bill requires OPM, in consultation with PURA and the Siting Council, to work with municipalities to establish a process for siting small wireless facilities on municipal property and, when using utility or light poles is insufficient, private property with the property owner’s permission. |
| Delaware | None | |
| District of Columbia | None | |
| Florida | HB 693 Laid on table 5/1/19 | Revises provisions related to registrations and renewals of communications service providers; specifies limitations on municipal and county authority to regulate and manage municipal and county roads or rights-of-way; prohibits certain municipalities and counties from electing to impose permit fees; prohibits municipalities and counties from actions relating to aerial or underground communications facilities; adds prohibited acts by authorities relating to small wireless facilities; prohibits authorities from actions relating to registrations, applications, permits, and approvals in small wireless facilities; authorizes civil action for violations. |
| Florida | SB 1000 Signed by governor 6/25/19, Chapter 131 | Relates to communications services taxes; reduces the communications services tax rate levied on sales of communications services; revises the authority for municipalities and counties to impose permit fees on providers of communications services that use or occupy municipal or county roads or rights-of-way; deletes the procedures, requirements, and limitations with respect to such fees; conforms provisions to changes made by the act; provides applicability. |
| Georgia | HB 184 Passed House 2/14/19 | Enacts the Streamlining Wireless Facilities and Antennas Act; streamlines the deployment of wireless broadband in the public rights of way; addresses any perceived conflicts between this act and Chapter 66B of Title 36; provides that nothing in this act relieves any person of any duties provided for in Chapter 9 of Title 25. |
| Georgia | HB 556 | Amends Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide limitations on fees that may be charged for installation of telephone facilities; to provide for the due compensation to be paid to municipal authorities by telephone companies; to revise terminology for purposes of conformity. |
| Georgia | SB 66 Signed by governor 4/26/19, Act 53 | Enacts the Streamlining Wireless Facilities and Antennas Act; streamlines the deployment of wireless broadband in the public rights of way; addresses any perceived conflicts between this act and Chapter 66B of Title 36; provides that nothing in this act relieves any person of any duties provided for in Chapter 9 of Title 25. |
| Guam | Not available | |
| Hawaii | HCR 197 | Requests a study that summarizes the published reports and studies on the effects of 5G wireless technology on biological life. |
| Idaho | None | |
| Illinois | None | |
| Indiana | None | |
| Iowa | None | |
| Kansas | SB 68 Signed by governor 4/11/19, Chapter 32 | Amends law relating to valid contract franchise ordinances and their application to wireless service providers and wireless infrastructure providers. The bill allows a city to govern wireless services providers’ or wireless infrastructure providers’ use of the public right-of-way by requiring a small cell facility deployment agreement or a master license agreement, or through permitting requirements, municipal ordinances or codes, or any combination of such mechanisms in a manner consistent with federal and state law. The bill allows a city to assess a wireless services provider or a wireless infrastructure provider a fixed right-of-way access fee for each small cell facility a provider deploys that requires the use of the city’s right-of-way. The fee cannot be based on such a provider’s gross receipts derived from services provided within a city’s corporate limits. The bill specifies the above provisions apply only to a wireless infrastructure provider in its deployment of small cell facilities in a city’s right-of-way, used for the provision of wireless services. The bill further clarifies nothing is construed to apply to such a provider’s other operations and services as a utility or have any effect on any franchise related to other operations and services. |
| Kentucky | None | |
| Louisiana | HR 145 Adopted 5/29/19 | Requests the Department of Environmental Quality in conjunction with the Louisiana Department of Health to study the effects of evolving 5G technology. |
| Maine | LD 1517 Signed by governor 6/6/19, Chapter 223 | This bill provides that a small wireless facility must be a permitted use within the public right-of-way, subject to any duly adopted, nondiscriminatory conditions otherwise applicable to permitted uses within the municipality and consistent with state and federal law, including, without limitation, any permitting requirements in the Maine Revised Statutes, Title 35-A, chapter 25. |
| Maryland | HB 654 | Establishes procedures and requirements for the deployment, installation and regulation of certain wireless telecommunications facilities in the state; prohibits an authority from entering into an exclusive agreement for the use of certain rights of way for certain purposes; authorizes an authority to impose certain rates and fees for use of certain rights of way in a certain manner and subject to certain limitations; authorizes a wireless provider to collocate certain facilities and use certain rights of way; etc. |
| Massachusetts | HB 383 | Requests formation of a task force (including members of the General Court) relative to the economic and regulatory impacts of fifth generation (5G) cellular mobile communications. |
| Massachusetts | HB 2885 | Establishes a special commission to study the environmental and health effects of evolving 5G technology. |
| Massachusetts | HB 1272 | Registers wireless facilities to allow for monitoring and to ease access to contact information. |
| Massachusetts | HB 1273 | Bans especially dangerous wireless facilities, emissions, and products. |
| Michigan | None | |
| Minnesota | None | |
| Mississippi | SB 2003 Died in committee 2/5/19 | Creates the Wireless Facilities Deployment Act to allow a wireless provider to deploy a small wireless facility and any associated utility pole within a right of way under certain conditions; defines certain terms used in the act; provides for the scope of the act; provides that the act only applies to a wireless provider deploying, within a right of way, a small wireless facility or a utility pole associated with a small wireless facility. |
| Missouri | None | |
| Montana | HB 496 Missed deadline for general bill transmittal 3/2/19 | Revises telecommunications siting law; restricts the siting of small cell network equipment near schools. |
| Montana | HJR 13 Passed House 2/25/19 | Urges Congress to amend the federal Telecommunications Act to account for health effects of siting small cell network equipment in residential areas. |
| Nebraska | LB 184 Signed by governor 5/17/19 | Adopts the Small Wireless Facilities Deployment Act. |
| Nevada | None | |
| New Hampshire | HB 393 Conference committee report adopted 6/27/19 | This bill: I. Establishes a committee to study child care costs, affordability, and accessibility in the state of New Hampshire. II. Increases the number of tuition waivers for persons who are or were in state foster care or under guardianship. III. Clarifies the penalties for violations related to obtaining public assistance. IV. Amends RSA 417-F:4, relative to reimbursement for emergency room boarding. V. Revises the membership of the commission to study the environmental and health effects of 5G technology established in HB 522. VI. Clarifies that the moratorium on health facilities licensure does not apply to certain continuing care facilities. |
| New Hampshire | HB 52 Enrolled 6/27/19 | Establishes a commission to study the environmental and health effects of evolving 5G technology. |
| New Jersey | AB 4422 | Enacts the Small Wireless Facilities Deployment Act; provides for uniform regulation of small wireless facility deployment in New Jersey. |
| New Jersey | AB 4888 | Clarifies that application to collocate wireless communications equipment be reviewed by administrative officer. |
| New Jersey | AB 5260 | Requires the Office of Information Technology to conduct study on deployment and impact of fifth generation wireless telecommunications technology in state. |
| New Jersey | AB 5431 | Establishes “5G Network and Development Task Force.” |
| New Jersey | AB 5560 SB 3953 | Provides for uniform regulation of small wireless facility deployment in this state. |
| New Jersey | AR 144 | Urges federal government and telecommunications service providers to collaborate in the development of 5G wireless network. |
| New Mexico | None | |
| New York | AB 1459 | Enacts the Wireless Broadband Eligible Facility Permitting Act to provide for uniform regulation of certain wireless facilities. |
| New York | AB 1503 Passed Senate 6/19/19SB 1607 Substituted 6/19/19 | Requires the office of information technology services to study and evaluate the future implementation and possible impact of 5G technology in the state. |
| New York | AB 4066 | Relates to notice requirements and municipal cooperation in wireless facility siting; requires notification be provided to municipalities in which wireless facilities are to be sited and to residents within2,500 feet of proposed wireless facilities. |
| New York | SB 6071 | Relates to small wireless facility development. |
| North Carolina | HB 448 | Reorganizes, consolidates, modernizes, and clarifies statutes regarding local planning and development regulation, including micro and small wireless facilities. |
| North Carolina | SB 355 Signed by governor 7/11/19, Chapter 111 | Clarifies, consolidates, and reorganizes the land-use regulatory laws of the state, including micro and small wireless facilities. |
| North Dakota | None | |
| Northern Mariana Islands | Not available | |
| Ohio | None | |
| Oklahoma | None | |
| Oregon | HB 3375 | Requires the Oregon Business Development Department to conduct a study on proposals and options for facilitating the deployment of small wireless facilities in this state. Requires the department to submit a report on the study to interim committees of the Legislative Assembly related to economic development no later than Sept. 15, 2021. Sunsets Jan. 2, 2022. |
| Pennsylvania | HB 1400 | Provides for small wireless facilities deployment. |
| Puerto Rico | None | |
| Rhode Island | None | |
| South Carolina | HB 4262 Passed House 4/4/19 | Adds article 5 to chapter 11, title 58 so as to enact the “South Carolina Small Wireless Facilities Deployment Act”; makes legislative findings; defines relevant terms; provides, among other things, that certain agreements or enactments pertaining to the deployment of small wireless facilities that do not comply with certain provisions of this act must be deemed invalid and unenforceable beginning Oct. 1, 2019; provides that certain units of local government “authorities” with control over rights of way may not prohibit, regulate, or charge for the collocation of certain small wireless facilities; provides that small wireless facilities must be classified as permitted uses and not subject to zoning review and approval under specified circumstances; provides requirements for applications, fees, application review, and issuance of permits for collocation of small wireless facilities; requires authorities to allow the collocation of small wireless facilities on authority utility poles under specified circumstances; prohibits authorities from regulating the design, engineering, construction, installation, or operation of any small wireless facility in specified circumstances; provides that the administrative law court has jurisdiction to resolve all disputes arising under the act; and prohibits an authority from requiring a wireless provider to indemnify the authority or its officers or employees and from naming the authority as an additional insured on a wireless provider’s insurance policy. |
| South Carolina | SB 638 | Adds article 5 to chapter 11, title 58 so as to enact the “South Carolina Small Wireless Facilities Deployment Act”; makes legislative findings; defines relevant terms; provides, among other things, that units of state or local government “authorities” with control over rights of way may not prohibit, regulate, or charge for the collocation of certain small wireless facilities; provides that small wireless facilities must be classified as permitted uses and not subject to zoning review and approval under specified circumstances; provides requirements for applications, fees, application review, and issuance of permits for collocation of small wireless facilities; requires authorities to allow the collocation of small wireless facilities on authority utility poles under specified circumstances; prohibits authorities from regulating the design, engineering, construction, installation, or operation of any small wireless facility in specified circumstances; provides that the administrative law court has jurisdiction to resolve all disputes arising under the act; and prohibits an authority from requiring a wireless provider to indemnify the authority or its officers or employees and from naming the authority as an additional insured on a wireless provider’s insurance policy. |
| South Dakota | None | |
| Tennessee | None | |
| Texas | None | |
| Utah | None | |
| Vermont | None | |
| Virginia | None | |
| Virgin Islands | None | |
| Washington | None | |
| West Virginia | HB 2005 Passed House 1/29/19 | Adds a new article, designated §11-6L-1, §11-6L-2, §11-6L-3, §11-6L-4, and §11-6L-5, adds three new sections, designated §31G-4-4, §31G-4-5, and §31G-4-6, 3, and adds thereto a new chapter, designated §31H-1-1, §31H-1-4 2, §31H-2-1, §31H-2-2, §31H-2-3, and §31H-2-4, all relating to wireless telecommunication technology facilities generally. Provides a special method for valuation of certain wireless technology property for property taxes; defines terms; provides mandated salvage valuation of certain wireless businesses’ property; specifies method for valuation of certain property; requires initial determination and specifies procedure for protest and appeal of determination. Establishes Public Service Commission jurisdiction over make-ready pole access within the state; relates to the determination of the feasibility of electric utilities constructing and operating middle-mile broadband internet projects to serve certain unserved and underserved areas; defines certain terms; delineates the factors that must be contained in certain feasibility studiesl and requires the Broadband Enhancement Council and the Public Service Commission to assist electric utilities in the determination of the feasibility of certain proposed middle-mile broadband development projects. Requires that the Broadband Enhancement Council render a judgment as to the feasibility of middle-mile broadband internet projects within a certain period of time; requires certain reports be submitted to certain officials and committees; and provides for severability. The establishment of the West Virginia Small Wireless Facilities Deployment Act; makes legislative findings; defines terms; provides for access to public rights of way for the collocation of small wireless facilities; provides for certain permit requirements; authorizes and limits access to collocation sites, structures and equipment; requires permits to be issued on a nondiscriminatory basis; provides for the collection of fees and sets the amount of fees; and provides for certain zoning, indemnification, insurance and bonding requirements. |
| West Virginia | SB 3 Signed by governor 3/27/19, Act 42 | Provides a special method for valuation of certain wireless technology property for property taxes; defines terms; provides mandated salvage valuation of certain wireless businesses’ property; specifies method for valuation of certain property; requires initial determination and specifies procedure for protest and appeal of determination; establishes and delineates Public Service Commission jurisdiction over make-ready pole access within the state; determines the feasibility of electric utilities constructing and operating middle-mile broadband internet projects to serve certain unserved and underserved areas; defines certain terms; delineates the factors that must be contained in certain feasibility studies; requires the Broadband Enhancement Council and the Public Service Commission to assist electric utilities in the determination of the feasibility of certain proposed middle-mile broadband development projects; requires that the Broadband Enhancement Council render a judgment as to the feasibility of middle-mile broadband internet projects within a certain period of time; requires certain reports be submitted to certain officials and committees; provides for severability; establishes the West Virginia Small Wireless Facilities Deployment Act; makes legislative findings; defines terms; provides for access to public rights-of-way for the collocation of small wireless facilities; provides for certain permit requirements; authorizes and limits access to collocation sites, structures, and equipment; requires permits to be issued on a nondiscriminatory basis; provides for the collection of fees and setting the amount of fees; and provides for certain zoning, indemnification, insurance, and bonding requirements. |
| West Virginia | SR 19 Adopted 1/23/19 | Designates Jan. 23, 2019, as West Virginia for Broadband Day at the Capitol. |
| Wisconsin | AB 234 | This bill creates a regulatory framework for the state and political subdivisions (cities, villages, towns, and counties) for the following: 1) the deployment by wireless services and infrastructure providers (wireless providers) of wireless equipment and facilities, including the placement of such items in rights-of-way (ROW); 2) the permitting process for certain activities by wireless providers; 3) the regulation of access to certain governmental structures by wireless providers; and 4) the resolution of disputes. The bill also authorizes political subdivisions to impose setback requirements for certain mobile service support structures. |
| Wisconsin | SB 239 Signed by governor 7/10/19, Act 14 | Limits the authority of the state and political subdivisions to regulate certain wireless facilities; authorizes political subdivisions to impose setback requirements for certain mobile service support structures. |
| Wyoming | None |
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Heather Morton is a program principal in Fiscal Affairs. She covers financial services, alcohol production and sales and telecommunications issues for NCSL.
