Can the City of Fremont prohibit the installation of small cells?

No. Under state law, wireless service providers have a right to install small cells within the public right-of-way, even on separate poles.  In addition, the Federal Communications Commission has interpreted the Telecommunications Act of 1996 to preempt cities and other local agencies from denying wireless providers access to government owned structures in the public right-of-way.  As a result, the City can merely standardize the use of the public right-of-way and its facilities in the public right-of-way, rather than prohibit the use by wireless providers.

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1. What is a small cell facility?
2. What are the physical components of a small cell facility?
3. What is the benefit of small cell technology?
4. What is the range of a small cell facility?
5. What governs small cell deployment?
6. Are there any health and safety concerns to be aware of?
7. How are Radio Frequency (RF) emissions regulated?
8. Are these facilities subject to the California Environmental Quality Act (CEQA) or additional environmental review?
9. Can the City of Fremont prohibit the installation of small cells?
10. What is the Public Right-of-Way?
11. Who do these small cell facilities serve and which companies own and operate them?
12. What is the process that a wireless service provider must go through in order to install a small cell facility on a City of Fremont street light pole?
13. What is a Master License Agreement?
14. Will the community be notified of where small cells are being installed?
15. Can the City of Fremont prohibit the installation of small cells?
16. Can the City prohibit the deployment of small cell facilities on wooden utility poles owned by PG&E?
17. Does the City prefer wireless small cell facilities on wooden utility poles?
18. What aesthetic standards will be applied to small cells?
19. Where are existing cell towers?