The Future of 5G: The Bitter Battle for Local Control

Across the country, telecommunication companies are beginning to lay the groundwork for 5G wireless networks. The buildout often pits states against cities. But a proposal that the Federal Communications Commission is set to vote on Sept 26 would not only upend future local agreements, but also preempt states. If approved, localities across the country would have drastically less authority over 5G infrastructure. 

Supporters of the FCC proposal and state laws governing 5G frequently maintain that the laws will speed up construction, as well as potentially facilitate its use in currently unserved areas. In their pitches to NE state lawmakers in 2017, lobbyists argued that a statewide rule would accelerate rural deployment. But local officials contend that carriers won’t bring their 5G networks to outlying areas absent market demand. What’s certain is that the FCC wants to lower the cost of deployment. If the FCC order is approved, industry observers anticipate litigation will follow. A Senate bill, the STREAMLINE Small Cell Deployment Act, outlines similar rules for states and localities. The legislation, while unlikely to pass in 2018, already has attracted some bipartisan support.