Telecom companies get committee nod for deregulation of 5G towers

A bill that would essentially ban Florida cities and counties from regulating the locations or appearances of the next generation technology cell phone towers was approved by a Florida House committee Monday afternoon, but with some expectations that key provisions may be renegotiated.

With backers contending that Florida needs to allow swift installation of 5G technology cell phone infrastructure to compete nationally and serve residents and businesses of the state, yet facing unified opposition from cities and counties, House Bill 596 won a split-vote approval from the Florida Senate Government Oversight and Accountability Committee.

“We are trying to be on the forefront of bringing 5G to the state of Florida,” said the bill’s sponsor, Republican state Sen. Travis Hutson of Palm Coast. “In order to expedite 5G, this bill would streamline that process. Small cells are the building blocks of 5G in Florida, and not only would we stay connected to the internet, it will help cities save energy, decrease traffic congestion, lower fuel costs and help with all our first responders with regard to public safety.”

The “Advanced Wireless Infrastructure Deployment Act” would allow communication companies to select locations in public right-of-way and install the towers, typically 60 feet tall or shorter, for 5G, with little local governments having little oversight or authority to say no. The telecom companies could pay the local government no more than $15 a year in fees. Local governments may apply building, electrical and similar codes to the installation of 5G towers, but the bill would prohibit cities or counties from using zoning, land use, aesthetic ordinances, and of any other source of public safety protections. And the local governments would have to streamline their approval process for the building and electrical codes.

There are exceptions. One covers planned communities such as The Villages backed and got approval from the committee for an amendment that carves them out of the ban, allowing them to regulate where the poles could go and what they could look like.

Democratic state Sen. Kevin Rader of Boca Raton unsuccessfully pushed for a similar carve-out for cities and counties. “I think that cities and counties should have an ability of home rule in deciding what they want to do, what they want to put up, just as The Villages has the ability of doing that in their community,” Rader said.

Rader said he spoke with Fort Lauderdale Mayor Jack Seiler who said his city has spent nearly a year negotiating an agreement with 5G companies, and that such agreements, and cities’ desires to regulate their aesthetics, would be lost as the bill is written.

“I think every city and county in the state is against this,” Rader said.

That appeared to be the case, as representatives of the Florida League of Cities, the Florida Association of Counties and number and numerous individual counties and cities, including Orlando, offered the committee their opposition Monday, arguing that the bill could hamper efforts to beautify their communities.

Numerous business groups came out in support, including the Florida Chamber of Commerce, Associated Industries of Florida and several telecom companies.

“What I’m here to talk about is design,” said Douglas Metzger, a downtown planner for the city of Orlando who spoke in opposition. “This bill has nothing in it about design or location and that will hurt our communities…. This will allow four consecutive wood poles, 60 feet tall, in our downtown areas, in right-of-ways where we have invested millions of dollars.”

Democratic State Sen. Linda Stewart said she hoped that Hutson would make changes in the bill before it goes to the Senate Floor, and then joined most other committee members voting for it. Moments after the vote, she could be heard in a Florida Channel webcast of the meeting saying into an open mic, “He promised he was going to change it. Sen. Hutson.” In a text exchange with FloridaPolitics.com, she wrote, “I like to give people a chance to change the bill, as I stated.”