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Does State law limit the ability for municipalities to regulate where small wireless facilities are located?

Yes.  In 2018 the State of Illinois enacted the Small Wireless Facilities Deployment Act, 50 ILCS 840/1, et seq. (the “Act”).   Section 40 of the Act expresses the General Assembly’s intent to preempt local control by stating a home rule unit may not regulate small wireless facilities in a manner inconsistent with this Act.  In relation to regulating the location of a small wireless facility, Section 15(d)(3) of the Act states: 

Subject to paragraph (6), an authority may not require the placement of small wireless facilities on any specific utility pole, or category of utility poles, or require multiple antenna systems on a single utility pole; however, with respect to an application for the collocation of a small wireless facility associated with a new utility pole, an authority may propose that the small wireless facility be collocated on an existing utility pole or existing wireless support structure within 100 feet of the proposed collocation, which the applicant shall accept if it has the right to use the alternate structure on reasonable terms and conditions and the alternate location and structure does not impose technical limits or additional material costs as determined by the applicant. The authority may require the applicant to provide a written certification describing the property rights, technical limits or material cost reasons the alternate location does not satisfy the criteria in this paragraph (3).

Based on this statute, the Village has limited control over the location where a carrier can install a small wireless facility. 

Show All Answers

1. Does Federal law regulate the power of telecommunications equipment?
2. Does Federal law limit the authority for municipalities to regulate the operating power of telecommunications antennas?
3. Can the Village pass a moratorium on all 5G applications?
4. Is NEPA review required prior to every installation of telecommunications equipment?
5. Does State law limit the ability for municipalities to regulate where small wireless facilities are located?
6. What can the Village do to regulate small wireless facilities?
7. The Village Board approved additional restrictions to assist in regulating small wireless facilities summarized as follows:
8. What can local residents do to enforce FCC regulations on radiation frequency exposure limits and effective radiated power limits?
9. Has the state of Illinois created a 5G Task Force?
10. Where can I learn more information about 5G wireless?
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