Who governs the location of wireless facilities?

While the Town reviews and approves the location of individual wireless applications, it must do so within parameters established by both federal and state laws that severely limit the Town’s discretion.   A summary of these laws can be found in the Presentation to Town Council by Telecom Law Firm available at www.danville.ca.gov/wireless

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. 

Show All Answers

1. What is a small cell wireless facility?
2. Who governs the location of wireless facilities?
3. What has the Town of Danville done to address this issue?
4. What does the Town’s Wireless Ordinance do?
5. What have other cities done?
6. Can potential health effects prevent these installations from being approved?
7. Can the Town require fiber underground as an alternative?
8. Why does the Town’s ordinance streamline the review process?
9. Does the Town’s ordinance favor one neighborhood over another?
10. Is there a limit to the number of cell facilities in Danville?
11. Are there other challenges that cities face in regulating wireless installations?
12. Has FCC’s new order been challenged?