FCC Emphasizes Limits On Local Fees For Small-Cell Facilities

Wireless telecom providers have been deploying new small-cell technology and equipment for 5G service across the nation. Deployment often requires the providers to obtain access to public rights of way to put their small-cell equipment on cities' or municipalities' utility poles (or use underground ducts or conduit). Cities and municipalities, of course, seek compensation for allowing this access to public equipment and rights-of-way. The FCC addressed this compensation issue in 2018, setting safe-harbor caps on local fees but allowing higher charges if they meet certain requirements. Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, 33 FCC Rcd 9088 (2018). The Ninth Circuit upheld that decision in relevant part. City of Portland v. FCC, 969 F.3d 1020 (9^th Cir. 2020).