Installation Of 5G/Small Cell Wireless Antennas Underway In Clayton

From the City of Clayton:

December 23, 2020

As wireless providers seek to enhance their wireless networks, installation of 5G/small cell wireless antennas has begun in the City’s commercial and residential districts. The wireless antennas can either be mounted on existing and new streetlights or utility poles, or can be enclosed within a new pole. Federal and state laws severely limit municipal authority to regulate the installation of wireless facilities including the locations and aesthetics.

Wireless providers are required to obtain right-of-way work permits through the City. While the City makes every effort encourage providers to use existing poles, the City has very little legal authority to impact the location and appearance of the installations.

By law, the City can deny the work request if the action proposed in the application could reasonably be expected to:

• Materially interfere with the safe operation of traffic control equipment or City-owned communications equipment;
• Materially interfere with sight lines or clear zones for transportation, pedestrians, or non-motorized vehicles;
• Materially interfere with compliance with the Americans with Disabilities Act, 42 U.S.C. Sections 12101 to 12213, or similar Federal or State standards regarding pedestrian access or movement;
• Materially obstruct or hinder the usual travel or public safety on the right-of-way;
• Materially obstruct the legal use of the right-of-way by the City, a utility, or other third party;
• Fail to comply with reasonable and non-discriminatory spacing requirements of general application adopted by ordinance or regulations promulgated by the State Highways and Transportation Commission that concern the location of ground mounted equipment and new utility poles, subject to wireless provider requests for exception or variance;
• Fail to comply with applicable codes, including nationally recognized engineering standards for utility poles or wireless support structures;
• Fail to comply with the reasonably objective and documented aesthetics of a decorative pole and the applicant does not agree to pay to match the applicable decorative elements; or
• Fail to comply with reasonable and non-discriminatory undergrounding requirements contained in City ordinances as of January 1, 2018, or subsequently enacted for new developments, that require all new utility facilities in the area to be placed underground and prohibit the installation of new or the modification of existing utility poles in a right-of-way without prior approval, including by wireless provider requests for exception or variance.

In late 2018, the Board of Aldermen passed Ord. No. 6571 (Section 510.150) in accordance with federal and state law.

This press release was produced by the City of Clayton. The views expressed here are the author’s own.