City joins lawsuit over new twist in 5G rollout

The city of Gig Harbor has joined a lawsuit against the Federal Communications Commission over a June 9 order the city says has the potential to undermine the city’s ability to enforce aesthetic standards for wireless facilities, including small cells in public rights-of-way.

Community Development Director Katrina Knutson said that the city has already spent a significant amount of time updating its wireless regulations to comply with previous FCC rule making.

“These regulations included adoption of aesthetic and concealment standards for 5G equipment,” said Knutson through email. “We believe these regulations should be adhered to in order to prevent negative impacts to our visual landscape.”

Antenna height

The new FCC order essentially grandfathers cell towers when cellphone operators install new 5G equipment on an existing site. Of particular concern to some cities is a provision that overrules local height limitations if a new antenna is installed above an old one. The rule allows a new antenna so long as it is separated by 20 vertical feet from the old one. Some cities have argued that this means there is no longer an enforceable height limit.

The shot clock

The FCC order also mandates that cities start the 60-day “shot clock” — a term borrowed from basketball — from the date of the first application. Under past rulemaking, cities must approve or deny a cell tower application within 60 days. The commission alleges that some cities have not started the clock until after an applicant has completed an onerous series of hearings and environmental studies designed to delay the project.

An FCC information sheet on the order said the aim of all the recent cell rulemaking is to insure a speedy and orderly rollout of 5G cellphone service across the country, including in rural and suburban areas.

The city sent a letter to the FCC on June 1 stating their opposition to the draft Declaratory Ruling and Notice of Proposed Rulemaking, on the grounds that the pandemic had closed City Hall and made it difficult for staff to meet and discuss the possible ramifications of this order in person.

Unable to meet

“The Commission’s actions directly impact local jurisdictions and those local jurisdictions are unable to meet, discuss, and respond at this time,” the letter reads. “If the Commission truly wishes to have an open and inclusive process, the City of Gig Harbor asks that, at minimum, the FCC delay action on this item until the pandemic subsides.”

FCC adopted the order on June 9, and the appeal was filed on July 22.

Although the City Council has expressed some uneasiness about the supposed health hazards of 5G technology, the purpose of this appeal is not to stop the technology, but rather allow local control over how it is deployed in the community, Knutson said.

Nineteen other cities and organizations, including Kirkland, are working with the law firm Best Best Krieger.

“The city hopes to retain control over aesthetic and concealment standards for 5G deployments and project permit shot-clock standards,” Knutson said.

This lawsuit is costing the city $2,000.

This story was originally published August 5, 2020 at 12:00 AM.