Federal and State Law

Federal Law on Small Cell

Local regulation on wireless infrastructure is subject to the parameters of federal law.

2018: FCC released FCC-18-133.
- Interprets federal law and limits state and local regulation of small cell placement in the right-of-way.
- No local regulation may prohibit the ability of any entity to provide telecommunications service.
- Any local regulation must be competitively neutral and nondiscriminatory.
- Significantly limits the fees the City may charge for locations on City-owned or City-controlled infrastructure.
- The order is currently under appeal, but for now the City must comply with the order.
No federal law requires the City to open up its own infrastructure to telecom providers.
- Includes City traffic signals, street lights, conduits, fiber, etc.
Federal Communications Commission (FCC) Declaratory Ruling

Local regulation on wireless infrastructure is subject to the parameters of state law.

State law: Municipalities retain authority to regulate wireless infrastructure in the right-of-way.
- Local regulation must be reasonable and defensible on public health, safety, and welfare grounds.
- Wis. Stat. Secs. 182.017(1r) and 196.58(1r)
2019 Wisconsin Act 14: limits the authority of the state and political subdivisions to regulate certain wireless facilities and authorizing political subdivisions to impose setback requirements for certain mobile service support structures (enacted into law on July 10, 2019).
No state law requires the City to open up its own infrastructure to telecom providers.
- Includes City traffic signals, street lights, conduits, fiber, etc.