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CELL SITE PERMITTING

The rules and regulations governing cell infrastructure.

Resources.

Read the rules and regulations straight from the source:

Telecommunications Act of 1996
FCC Report
The 9th Circuit Decision
The 5G Upgrade Order

T-Mobile knows and follows the rules and regulations federal and local governments have set to keep wireless infrastructure safe for the public and fast, reliable networks available to as many people as possible.
 
We work closely with local leaders to help them understand what we can and cannot do to improve wireless service in your community. This includes following the radio frequency (RF) limits set by the Federal Communications Commission (FCC) and verifying our compliance through official certification. 

The Telecommunications Act’s impact on wireless networks. 

The Telecommunications Act of 1996 (the “Telecommunications Act” or “Act”) is, in part, what made a company like T-Mobile and our Un-carrier ethos possible. This landmark legislation helped pave the way for a more competitive wireless industry—enabling T-Mobile to challenge the status quo and deliver greater value, lower prices, and more choice for consumers nationwide.
 
The Telecommunications Act was the first major overhaul of telecommunications law since the 1930s. It included new regulations for internet services, and aimed to promote open competition by removing barriers between different sectors of the communications industry, fostering a nation-wide marketplace for telecommunications services. The Act also established the principles used to guide universal service policy, ensuring that schools, libraries, hospitals, and clinics had access to advanced telecommunications services.  
 
Since its passage, the Telecommunications Act has spurred numerous changes across federal, state, and local laws, reflecting the rapid evolution of communications technologies. The FCC has enacted new regulations to address emerging trends in mobile and wireless services, demonstrating the importance of wireless communications in everyday life. 

The latest Federal rules that make wireless more accessible. 

Removing barriers to building out new wireless infrastructure is crucial to bridging the digital divide and delivering fast, reliable, affordable service to all communities. To support this goal, the FCC has issued comprehensive rules designed to promote and streamline wireless infrastructure deployment, while also ensuring local jurisdictions have sufficient time to review and approve permits for new infrastructure and upgrades.  
 
Federal rules that directly impact communities include: 

  • Streamlining the process for carriers to install small cells on utility poles to expand coverage and capacity.

  • Simplifying the process for upgrading and building macro cell sites, which are vital to enhancing rural and underserved area coverage. 

Section 6409 of the Spectrum Act and 5G infrastructure.

5G networks rely on a variety of installations, including existing cell sites, new cell sites, and small cells. That’s one of the reasons updated laws regulating the deployment of wireless infrastructure were needed to guide the process of modifying and upgrading existing cell sites.  
 
In response, Congress enacted Section 6409 of the Spectrum Act to establish clearer rules for eligible facility modifications. The FCC later issued guidance to clarify how this law should be applied to reduce barriers to improving 5G coverage and capacity, while federal courts have interpreted and issued rulings on these provisions.  
 
Rules from Section 6409 that directly impact communities include: 

  • Delivering better service faster by requiring local governments to review and approve applications for site improvements within a 60-day time limit.

  • Ensuring that existing concealment elements are maintained, while balancing the need to deploy critical infrastructure quickly and efficiently.

More answers to your questions about upgrading cell sites.

  • Any structure that currently supports wireless equipment, including rooftops, water tanks, utility poles, and towers is included in Section 6409.

  • There are multiple factors that make a site eligible. The most common two: 

    • It must be at an existing site that was reviewed and approved when originally installed. 
    • The proposed upgrade or modification must not involve a substantial change to the site:  
      • Height:
        • No more than 10 percent or 20 feet, whichever is greater, for private land sites.  
        • No more than 10 percent or 10 feet, whichever is greater, on towers within the public right-of-way or base stations.   
      • Width:  
        • For private land towers, no more than 20 feet or the width of the tower at the location the equipment is being placed, whichever is greater.  
        • For towers in the public right-of-way or base stations, no more than 6 feet.   
    • No excavation can occur more than 30 feet from the existing approved site boundary (not including access/utility easements).
    • No more than 4 new equipment cabinets can be included. 
    • The site’s upgrade must comply with prior conditions of approval.
    • The site’s upgrade must not defeat the “concealment elements” of the existing site. 

  • Locations with no existing wireless equipment or towers swaps or replacements are not eligible under Section 6409. 

  • It can vary by jurisdiction, but most require site plans and a completed application, as well as an application fee. 

  • It can vary by jurisdiction, but many no longer require: 

    • Coverage maps 

    • RF justification 

    • Photo sims (except to show continued concealment) 

    • Business case analysis 

    • Alternative site analysis 

    • Any requirement not already published 

  • Yes, but sometimes it depends on the lease and the pole’s location.

  • To better blend in with the environment, cell sites can be disguised with a concealment element, like towers designed to look like a tree or piece of art. Section 6409 mandates that existing concealment elements must not be defeated. For example, a monopine can be made taller but must also include new branches.

  • Prior condition simply means that any conditions associated with the approval of the original site can still be applied if it’s reasonable to do so. For example, requiring the extension of fences to keep ground equipment hidden would be reasonable, but a condition of hiding a site behind a tree line would not be reasonable because it would require extending the tree line.

  • If the process can and will be completed within the 60-day limit, a jurisdiction can follow any process. However, public hearing and notification processes are difficult to complete in this time, especially if approval is the primary goal. The 60-day period starts as soon as an applicant takes the first required step (including mandatory pre-application meetings).

  • Changes to the code don’t always apply to eligible facilities, apart from building code safety updates. The rule’s purpose is to streamline modifications that are not substantial changes, so new technologies can be upgraded and deployed more quickly.

  • That would be difficult. First, macro sites are much bigger and heavier than small cells. It could require replacing a pole to upgrade to a macro site, which isn’t covered under Section 6409. Also, small cells are intended to do different things than macro sites. Installing a macro site where one wasn’t intended to go could interfere with surrounding sites.

  • Eligible Facilities Requests must comply with all building, structural, electoral, and safety codes. However, the 60-day time limit includes all permits. No matter how many additional steps are included in the process, the review must be completed in 60 days.