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1. What is a Small Cell?

A “Small Wireless Facility” (SWF) or “Small Cell” is a type of wireless infrastructure. The Federal Communications Commission (FCC) defines a small cell as any wireless facility that has an antenna no more than three cubic feet in volume, accessory equipment no more than 28 cubic feet in volume and are mounted on structures 50 feet or less in height (or 10% taller than adjacent structures, whichever is greater). They typically take the form of small antennas (3-4 feet tall) that are placed on existing infrastructure (such as utility poles) and are accompanied by equipment cabinets installed lower on the pole.

In order to meet increasing demand for mobile and data services, as well as future wireless technology, wireless service and infrastructure providers are supplementing traditional, larger cell phone towers with small cell facilities to densify their wireless networks. Small cells can also improve service today for areas lacking coverage.

2. What is a Macro Cell (traditional cell towers)?

Macro Wireless Facility” or “Macro Site” refers to a facility designed to provide wide-area service coverage and capacity. These are typically large installations with six to 12 antennas per carrier on tall towers or rooftops. Macro cells may also serve as a “hub” for distributed antenna system (DAS) nodes to connect back to a broader communications network.

3. Can the City of South Lake Tahoe prevent small cell facilities from being placed in the public right-of-way?

No. Small cell facilities are allowed in the public right-of-way per federal and state laws. The limitations on the city’s authority are similar to those imposed on it with respect to other utilities (electric, gas, water).

However, the City may regulate aesthetics (i.e., how a facility looks and, within a technically feasible tolerance, where it is located). The City of South Lake Tahoe’s City Code ensures facilities proposed in the public right-of-way are placed in a way that minimizes their impacts within the areas that the City is allowed to regulate. In addition, applications are evaluated in compliance with Encroachment Permit requirements.

For more information, please see the Federal Communication Commission’s (FCC) website.

4. Who governs the location of wireless facilities?

While the City of South Lake Tahoe reviews and approves the location of individual wireless applications, it must do so within parameters established by both federal and state laws that limit the City’s discretion.

5. Can the City prohibit the installation of small cells due to RF emissions or other health concerns?

Federal law (Telecommunications Act 1996) prohibits jurisdictions from considering health impacts when taking an action on a wireless application, if it meets the radio frequency levels established by the FCC and the FCC’s Office of Engineering and Technology (OET) Bulletin 65. Please refer to the FCC’s Wireless Devices Health Concerns webpage and Radiofrequency Safety FAQ for more information.

6. Can the City reject wireless communication facility applications and just say “no”?

Both state and federal law place some limitations on the City’s authority to regulate wireless communications facilities. Denials are possible only in very narrow circumstances and can be issued only on a case-by-case basis.

Collectively, these federal and state laws prohibit cities from:

• Denying a carrier the ability to provide service either through explicit prohibitions (example: banning all new wireless facilities) or through actions that effectively prohibit service (example: banning one specific facility necessary to complete a communication network).
• Unreasonably discriminating against functionally equivalent service providers. This requires cities to treat competitors in similar situations roughly the same. Cities may take into account legitimate differences such as the location, appearance of the equipment and cumulative impact of multiple facilities in the same location.
• Denying wireless applications based on health concerns, such as those previously expressed about radio frequency emissions.
• Stalling or failing to make a decision. The Telecommunications Act requires cities to act within a “reasonable” timeframe and the FCC has interpreted this to impose a short time frame, often referred to as a shot clock. The shot clock can be a short as 60 days and includes the appeal process. Failure to act on some applications may result in automatic approvals either under state or federal law.

7. How does the City currently permit new wireless communication facilities?

New wireless communication facilities are allowed by right in two planning areas of the City:

•  Within the South Y Industrial Tract Community Plan

•  Within the Commercial Mixed-Use Service District of the Tahoe Valley Area Plan

In all other areas, a Special Use Permit is required.  The Special Use Permit requires a public hearing before the Zoning Administrator or the Planning Commission. In addition, a Building Permit is required, and an Encroachment Permit is required when located in the City’s right of way.

8. Will I be noticed of a public hearing(s) for a new wireless communication facility?

New Facilities require noticing when a Special Use Permit is required pursuant to City Section 6.55.640.

9. Is there a limit to the number of cell facilities South Lake Tahoe can permit?

Cities cannot deny a carrier the ability to provide service either through explicit or implicit prohibitions (example: banning new wireless facilities or establishing a maximum cap).