Understanding the FCC’s Proposed Small Cell Order

On September 5, the Federal Communications Commission released the text of an order in its ongoing proceeding to streamline the rollout of infrastructure for broadband services, including small cells for 5G wireless service. The order is expected to be adopted at the FCC’s September 26th meeting. The order is a blatant effort by the FCC to strengthen the hand of carriers in negotiations with local governments over small cell deployment and to limit the ability of local governments to negotiate in the public interest around small cells. The good news is that the FCC has left local governments with some power and flexibility to enact reasonable regulations governing small cell deployments. With the right approach and partner, local governments have a higher hill to climb but can still negotiate win-win outcomes that benefit carriers while addressing citizens’ concerns.