Fixing the Glitch: The Smart Rollout of 5g Small Cell Wireless Networks Balancing Private and Public Interests

By Bradley, Michael R.; Rotty, Vincent | South Dakota Law Review, Winter 2019 | Go to article overview

Fixing the Glitch: The Smart Rollout of 5g Small Cell Wireless Networks Balancing Private and Public Interests


Bradley, Michael R., Rotty, Vincent, South Dakota Law Review


 I.  INTRODUCTION                                                  485  II. CONSUMER DEMAND AND THE DEVELOPMENT OF 5G      TECHNOLOGY                                                    485   A. Growing Consumer Demand for Robust Wireless Internet      Service                                                       485   B. The Wireless Industry's Response to Consumer Demand-      5G                                                            486   C. 5G Dependence on Infrastructure in the Public Rights-of-      Way                                                           487 III. CURRENT FEDERAL REGULATORY LANDSCAPE                          488   A. Communications Act of 1934                                    488   B. Telecommunications Act of 199                                 489   C. Middle Class tax Relief and Job Creation Act of 2012          492   D. FCC Interpretation of the 1996 Act for Small Wireless      Facilities: The Glitch                                        493      1. Universal Definition of a Small Wireless Facility          494      2. Fee Limitations                                            494      3. New Application Review Periods for Small         Wireless Facilities                                        495      4. Limitations on Local Government's Aesthetic         Requirements                                               496      5. State and Local Governments Only Act Within Their         Regulatory         Capacity                                                   496 IV.  SURVEY OF RECENT SMALL WIRELESS FACILITY STATE      LEGISLATION                                                   497   A. SUMMARY OF MINNESOTA SMALL CELL LEGISLATIO                    497      1. Fee Limitations                                            497      2. Limitations on Local Government A uthority                 499         a. Micro Wireless Facilities                               499         b. Preexisting Agreements                                  499         c. Single-Family Residential Zoning and            Historic Districts                                      499         d. Limitation of Authority Over Placement of            Small Wireless            Facilities                                              500         e. Size of Small Cell Facilities Allowed on Public Pole    500      3. Permit Applications and Procedures                         500      4. Small Wireless collocation Agreement                       501 V.  FIXING THE GLITCH: THE SMART ROLLOUT OF 5G                     502    A. Wireless Service and Infrastructure Provider Interests       502    B. State Interests                                              503       1. 5G Build-out                                              504       2. Wireless Service A vailability for Low-Income Households  504       3. Privacy and Consumer Protection                           504       4. Emergency Networks                                        505    C. Local government Interests                                   505       1. Public Health, Safety, and Welfare                        506       2. Right of Way Aesthetics                                   506       3. Rapid Deployment                                          506       4. Term Limit on Permit                                      507       5. Micro Wireless Facilities                                 508       6. Encouraging 5G Deployment                                 508       7. Expertise and Restricted Use of Professionals             508 VI. CONCLUSION                                                     508 

I. INTRODUCTION

In the movie Wreck-It Ralph, missing bits of code cause the main character to malfunction, or glitch. Similar to the movie, there are missing federal, state, and local laws and regulations that would encourage the smart deployment of next-generation wireless services. The actions of the Federal Communications Commission (herein "the FCC") and state legislatures have created glitches that are contrary to the purpose of the entire body of telecommunications law. …

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