With no policy in place, Winchester will have no say in where these small cell sites are located, or what they will look like. To fix this, the town has drafted a policy that outlines regulations on these facilities. Town Manager Lisa Wong presented the draft at the Select Board's Dec. 16 meeting.
FCC limits municipalities power to regulate small cell sites
The new 5G technology uses small cell sites, instead of traditional cell towers, to transmit data. Small cell sites consist of radio equipment and antennas that are installed on public street lights and power poles. These sites have become a contentious topic in many municipalities. Residents worry about decreased property values, as well as the facilities' impact on health and the environment, which are unknown at this time.Even though much of the equipment for 5G technology will be installed on public infrastructure, local governments have little power to stop these installations. In 2018, the Federal Communications Commission (FCC) adopted the Wireless Infrastructure Order which sought to remove barriers to and accelerate 5G deployment in the nation. The order allows municipalities to adopt a policy that sets aesthetic regulations, but with conditions. It also prohibits municipalities from denying a small cell site installation based on health or environmental concerns.
According to Wong, the aesthetic regulations could address many issues like color, placement on the poles, concealment of cables and wires, landscaping requirements and more. The regulations, however, have to be objective and reasonable, and cannot be more burdensome than those applied to other types of infrastructure deployments.
Wong presents policy draft
The town is not obligated under federal law to create a policy but, without one, the town will have no say in the placement of the small cell sites, or how they look. A policy would also give officials a way to keep an inventory of the small cell sites in town."I have heard from some that we might be moving too fast, but we are not moving to allow this to happen. This is already happening," Wong said. "What we are doing is we are moving to regulate it. The sooner we regulate it, the sooner we would slow or intercept the process, so that we would have some say."
Wong highlighted six key components of the policy for the Select Board:
The policy would require a $500 application fee from applicants. This fee would cover the installation of the applicant's first five small cell sites. After that, the town would require a $100 fee for each additional site.
The applicant must include detailed information about how they will install the small cell site and what it will look like in their application. This information includes details such as drawings and maps, the type of mounting and equipment, the power source and life expectancy of the small cell site.
The policy stipulates safety and design guidelines including reasonable concealment and noise level limitations. A small cell site cannot be installed within five feet of a town-owned subsurface utility without the consent of the director of the Department of Public Works.
The policy outlines that the town prefers small cell sites are installed on a pole and asks that an applicant consider public safety and visual impacts.
Small cell sites must be re-certified every three years. If a small cell site is not in use, the owner will have 90 days to remove it. After that time, the town would charge the owner $100 fine every day it is not removed.
The policy also includes miscellaneous provisions, including that a smell cell site cannot violate ADA requirements.
Wong pointed out that the policy could require re-certification every year as opposed to every three years. She also noted that she was still figuring out how to easily determine if a small cell site is not in use.
Can't stop it, can only regulate it
Dunham Street resident Joseph Nazzaro spoke passionately against allowing small cell sites in town. In response, Select Board Chairman Mariano Goluboff reminded Nazzaro that the town does not have the power to stop these installations."We cannot stop it," he said. "The only thing we can do is regulate within the limits allowed by the FCC."
The Select Board plans to vote on the new policy in January.
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