How San Jose’s 5G approach blocks broadband

Instead of embracing 5G, San Jose (CA) Mayor Sam Liccardo taxed it.  Beginning in 2015, the city sought up to $3,500 per year per small cell.  Compare that to $100 in Phoenix (AZ) and $50 in Indianapolis (IN) — cities about the size of San Jose that have leapfrogged it in terms of small cell deployment. Excessive taxes charged by big cities deplete the capital needed to build broadband in suburban and rural America. That’s why several dozen mayors, county supervisors, and elected leaders called on the Federal Communications Commission to act.

Two months ago, the FCC listened to those local leaders.  We reined in the abusive taxes that have blocked broadband, while guaranteeing that cities are fully compensated for their costs.  We voted, on a bipartisan basis, to ensure cities act on small cell applications within reasonable periods of time.  And, we affirmed that cities may impose aesthetic requirements so that communities can preserve their look and feel. In response to these reasonable policies, Mayor Liccardo sued.  But federal law is clear that local governments may not effectively prohibit the provision of service. And as Mayor Liccardo’s years of zero small cells show, his 5G tax operated as a textbook prohibition. While Mayor Liccardo spends San Jose’s resources suing to defend his 5G tax, we at the FCC will continue cutting red tape so that all San Jose residents — and all Americans — have a fair shot at fast, affordable broadband.