Small Cell Technology
Small cell technology is used to provide additional capacity and coverage to existing networks such as in high traffic or hard-to-reach locations. The telecommunications industry is installing more and more small cell technology in cities across the country, often attaching the systems on existing poles in the right-of-way, for example, on light or utility poles.
When receiving applications for small cell installation in Eugene’s right-of-way, Eugene Public Works will evaluate the permits for compliance with applicable city code provisions, administrative rules, and requirements, including but not limited to the City’s Telecommunications Ordinance No. 20083, which was established in 1997, City administrative rules for construction in public rights-of-way, and City requirements for small cell wireless installations. If the request meets relevant requirements and follows City standards and specifications for installation, staff grant the permit.
Federal law, including Federal Communications Commission (FCC) rulings, imposes significant limitations on a city’s ability to regulate the placement and construction of telecommunications towers and facilities. While the City of Eugene is allowed to regulate and make decisions based on concerns regarding structural capacity of poles, interference with City use of poles or the ROW, interference with drivers’ views of traffic, and other such operational or safety concerns, the other main area on which the City may regulate installations is based on aesthetic considerations. Federal law prohibits the City from making any decisions regarding small cell installations based on concerns about health safety due to radio frequency (RF) emissions if the installations meet FCC regulations. The FCC has information about RF safety on its website.
A permit review is comprised of several components and has a variety of requirements that must be met in order to be approved for installation in City of Eugene Rights-of-Way. The permit must meet the guidelines outlined in the applicable document based on the pole ownership.
The following are links to the guidelines for Small Cell permit applications for deployment in City of Eugene Rights-of-Way:
Small Cell Installation on City-Owned Poles
Small Cell Installation on Non-City-Owned Poles
Before a site-specific application is reviewed for compliance and completeness, it must first satisfy City of Eugene small cell location standards or be replaced by a more suitable location. The determination is based on preestablished location preference aesthetic standards as reviewed by the Small Cell Aesthetic Location Preference committee.
The role of the committee is to determine if the proposed location is the most suitable location or recommend a more suitable location. The Small Cell Aesthetic Location Preference committee is comprised of City of Eugene Utility Coordinators, the City of Eugene Right-of-Way Technical Supervisor, a Eugene Water and Electric Board Utility Joint Use Coordinator, and frequently includes one or more visiting attendees with relevant program responsibilities.
After the committee reviews the location request and determines the most preferred location utilizing the Small Cell Aesthetic Location Preference Checklist, the determination is delivered to the original permit reviewer who then proceeds with the permit review process.
Once the permit is either approved or denied, the result is updated in the Small Cell Location Map to reflect the most current status of the pole and site.
If the application is approved and a permit issued, the wireless provider is required to provide public notice of intent to construct, and such notice must be provided no less than five calendar days prior to construction commencing. The public notice shall be distributed to all owners and occupants of properties with street frontage within 250’ of the deployment site. If the pole location is at an intersection, 250’ notice in all directions of intersecting streets shall be included.
- What do small cell facilities do?
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Small cell facilities are low-powered antennas that provide cellular and data coverage to smaller geographic areas, supplementing the larger cellular network and improving service for wireless customers. They are installed and operated by private companies.
Small cell equipment will initially meet current 4G (LTE) voice and data demands, but City staff understands it may be modified with future 5G higher speed equipment as technology changes.
- Why are small cell facilities needed?
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Research shows that mobile data traffic in North America has grown significantly, and is projected to continue increasing at a rapid rate with the proliferation of mobile devices. Wireless companies have indicated that existing infrastructure is becoming congested and cannot continue to meet the demands of their customers.
Wireless carrier companies have indicated that until recently, wireless phone service in general has been managed using large antennas mounted on towers located on both public and private property. Those antennas serve relatively large areas, or “cells” that may include several miles. According to wireless carriers, existing cell sites are already becoming congested, and installing more cell towers covering large areas will not keep up with projected demand for high speed wireless data. To meet demands for wireless data, carriers have begun using new lower-powered antenna technology to “offload” data traffic from the larger cell towers. Each of these smaller antennas serves a much smaller area (1-2 blocks) but with much higher data volumes. This type of wireless infrastructure is referred to as “small cell.”
- What do small cell facilities look like?
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The City of Eugene has been proactive in establishing standards and requirements for size, volume, appearance and placement of small cell installations. For example, for structural reasons, as well as aesthetics and view impacts, “stealth technology” must be used” and there are size requirements dependent on the type of pole (metal vs. wood). Read more about these standards and requirements on our Wireless Installations in the Right-of-Way page.
- Is it safe to add small cell facilities to existing poles?
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Before a person or entity can submit an application for small cell installation, Public Works staff check the pole(s) for safety through a process referred to as “pole vetting.” As a requirement of submission, each application must include a structural analysis specific to the pole where the small cell would be attached.
Once receiving an application, a City of Eugene Traffic Operations Engineer performs another analysis to verify the accuracy of the information submitted.
- Can the City of Eugene prevent small cell facilities from being placed in the right of way?
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No. Small cell facilities are allowed in the public right of way per federal and state laws, just like other utilities.
The City of Eugene has developed a permitting system to ensure that small cell facilities are placed in a way that minimizes their impacts within the areas that the City is allowed to regulate. All applications are evaluated per local telecommunications ordinances and administrative regulations.
Learn more about the City’s permit application process on our Wireless Installations in the Right-of-Way page.
- Can the City of Eugene place more restrictive regulations on small cell (5G) technology?
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Federal law prohibits state and local governments from imposing more restrictive regulations on small cell wireless facilities than imposed on other similar types of infrastructure (such as wireline communications or cable facilities). This means that state and local governments cannot prohibit the installation of small cell facilities in areas where similar types of infrastructure are allowed.
- Can the City of Eugene adopt a moratorium on small cell (5G) technology?
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The City cannot adopt a moratorium on the deployment of small cell technology.
The FCC has ruled that state and local governments are prohibited from enacting a moratorium or ban on deployment of small cell facilities as that would prohibit, or effectively prohibit, the provision of telecommunications services in violation of federal statute. The federal statute that a moratorium would violate (47 USC §253(a)) states:
“No State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service.”
- Can the City of Eugene place certain aesthetic requirements on small cell (5G) technology?
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State and local governments may impose certain aesthetics requirements on small cell facilities. Any aesthetic requirement must be reasonable, objective, published, and no more burdensome on small cells than on other similar types of infrastructure. The FCC’s Order states that “aesthetic requirements that are reasonable in that they are technically feasible and reasonably directed to avoiding or remedying the intangible public harm of unsightly or out-of-character deployments” are permissible.
In accordance with City Code, Eugene Public Works permits telecommunications equipment in the City’s right-of-way. The City has aesthetic requirements for small cell facilities that an applicant must comply with in order to obtain a permit.
- Are there public health impacts?
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Federal law prohibits a city from regulating facilities on the basis of radio frequency (RF) emissions concerns if the facilities comply with Federal Communications Commission rules and standards. However, the City does require a licensed RF Engineer review and stamp an application, before submission, confirming it falls within the FCC’s standards.
In April 2019, Eugene City Council unanimously passed Resolution No. 5264 requesting the federal government to update studies on potential health risks of 5G radio frequency wireless emissions and publish findings.
Additional Information
- Letter from U.S. Representative Peter DeFazio to the FCC and FDA about the potential health effects of radio frequency emissions
- Federal Communications Commission
- Occupational Safety and Health Administration
- Can the City of Eugene request updated safety studies?
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The Council can adopt a resolution urging the FCC to work with the Food and Drug Administration (FDA) and other federal agencies to update the studies on potential health concerns arising from 5G technology radio frequency wireless emissions.
In April 2019, Eugene City Council unanimously passed Resolution No. 5264 requesting the federal government to update studies on potential health risks of 5G radio frequency wireless emissions and publish findings.
Additional Information
- Letter from U.S. Representative Peter DeFazio to the FCC and FDA about the potential health effects of radio frequency emissions
- City of Portland’s resolution requesting federal agencies to update the radio frequency emissions health studies
- Will my cell service be better once small cell facilities are installed?
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The industry's intent for deploying small cell facilities is to improve their reliability and coverage. Each site is usually connected to a specific provider.