The following is the opinion and analysis of the writer:
Under the cover of their own internal bureaucracies, and legislation bought with big corporate dollars, the telecom and electric industries are ruining the aesthetics of our residential neighborhoods while at the same time decreasing homeowner property values.
The systematic rollout of 5G “small cell poles” was facilitated by both federal and state regulations. But as consumers, we are not without an ability to effect change.
Industry has sold the Federal Communications Commission and state legislatures throughout the nation a present day analog to the 1960s “space race.” The notion that we’ve got to be first in the international roll out of 5G has resulted in legislation being adopted that ignores the impacts thousands of 35-foot-tall steel cell poles scattered throughout residential neighborhoods will have.
In Arizona, not surprisingly, our state legislature passed HB 2365, a bill that severely limits the kinds of local actions we can take that might either slow down the site selection process or compel the selection of sites that respect the character of our residential neighborhoods.
My recent exchange with telecom and TEP representatives is illustrative of how industry fails to take seriously the impacts they’re causing.
Under current Arizona state law, the city can impose reasonable restrictions on how close cell poles can be to other “vertical elements.” For example, we can require cell poles be no closer than 150 feet from street lights or other cell poles.
What we cannot do is compel a specific location for a cell pole. Outside of the very general spacing guidelines we can implement, the companies are permitted by law to point to a spot in the public right of way and claim that ground for their pole. Under HB 2365, if the city delays issuing the permit for 75 days, the permit is assumed to have been approved.
That same state law, however, specifically lists existing utility poles as allowable sites for the collocation of new cellular antennas. If the telecom company says they want to use a utility pole in the easement behind your home, according to state law, TEP cannot say no.
But here’s the game that’s being played:
TEP requires a Master License Agreement with each telecom provider before allowing collocation on their poles. That’s not a part of state law — it’s a TEP imposed requirement. We’re under a 75-day approval time limit. TEP says negotiating the MLA would take nine to 12 months. In addition, TEP has placed “design specifications” on their poles, leaving the utility with the ability to reject collocation on a given pole. That is contrary to the spirit, if not the letter of state law.
During my recent exchange with the industry representatives, I was told TEP had not received any requests for collocation. When asked why, the telecom representatives said there wasn’t any point because they didn’t have the MLA, and the specifications for using poles were so restrictive that few, if any would even be approved by TEP.
Residents are the collateral damage of this industry game of internally imposing requirements that effectively take all options off the table — except for placing poles in front of your house. They’re playing a game of following the path to approval that requires the least effort on their part. Homeowners are paying the price.
I reminded industry representatives that my constituents are their customers. Please reach out to your telecom provider, and to TEP and demand they expedite a licensing agreement, and that they do whatever is necessary to open up for consideration all existing utility poles for collocation. Cellular antennas belong in the easements behind your house, not outside your front yard.
