AT&T Sues City Over 4G and 5G Small Cells Fees and Permit Delays; Appeals to Corrupt FCC to Force Unwanted Infrastructure

By B.N. Frank

American opposition to 4G and 5G small cells continues to increase due to concerns about reduced property value (see 1, 2, 3), public safety (see 1, 2, 3, 4, 5, 6), health (see 1, 2, 3, 4, 5, 6, 7, 8), cybersecurity and environmental risks. Some have described deployment as a form of “environmental racism”.

The Federal Communications Commission (FCC) is supposed to protect Americans by regulating the telecom industry. Don’t we wish (see 1, 2). Lawsuits have been filed against the agency for NOT protecting the public from unsafe levels of cell phone and WiFi radiation as well as 5G installation on Earth (see 1, 2, 3, 4, 5) and in space. This seems to have made no difference. The agency even amended the “OTARD Rule” so that private property owners may install 5G and WiFi antennas without obtaining a permit to broadcast into neighborhoods.

Telecom experts, The Irregulators, also filed a lawsuit against the FCC. Americans have already paid to have safer high-speed internet via fiber optics (see also 1, 2, 3, 4) and the agency should NOT be giving more tax payer dollars to telecom companies (see 1, 2, 3). According to The Irregulators, Big Telecom and Big Cable should be broken up immediately (see 1, 2). Of course, until that happens, it’s going to be more difficult to stop unwanted and unsafe installation despite opposition and warnings.

From Fierce Wireless:

AT&T sues Pittsburgh over small cell fees, permit delays

AT&T is suing the city of Pittsburgh, alleging it asked for excessive small cell fees and failed to process permit applications within the FCC’s 90-day shot clock window.

The complaint filed Tuesday in the U.S. District Court for the Western District of Pennsylvania says the city planned to charge the wireless carrier $850 in annual fees for new small cell installations – a figure AT&T asserts exceeds the FCC limit for a reasonable recurring fee “by nearly 215%, in violation of federal law.”

In 2018 the FCC adopted a small cell order (PDF) aimed at making it easier to deploy infrastructure for 5G. It included limiting the amount local authorities could charge and imposed faster permitting timelines as carriers faced delays and sometimes pushback from state and local governments.

One of the provisions set the reasonable annual fee for each small cell in a city right-of-way (ROW) at $270. It also introduced a 90-day shot clock on municipalities to either approve or deny applications for new small cell wireless infrastructure attached to utility poles and other city-owned structures.

According to the complaint, AT&T last August was working to reach a final ROW agreement with Pittsburgh for new small cell installations.

AT&T did not end up signing because of the alleged unlawful fees – a decision it asserts that led the city to delay acting on two pole permit applications filed in December. Those both involved swapping out city-owned light poles with new ones “of substantially similar design” that collocate antennas and house radio equipment.

The shot-clock ran out on March 8, according to AT&T, without Pittsburgh taking any action.

“AT&T is informed and believes that the City’s failure to act appropriately on the Applications is based on AT&T’s refusal to sign the City’s ROW Agreement which mandates payment to the City of the above-stated inappropriate and illegal fees,” AT&T stated in the filing.

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Opposition to 5G is worldwide and the majority of scientists oppose deployment. Americans opposed to 5G may sign and share this letter asking President Biden and Vice President Harris to stop installation.