Wireless Facility Siting 101 A Resource for Local and State Planning Authorities. Working for Wireless Everywhere

Transcription

1 Wireless Facility Siting 101 A Resource for Local and State Planning Authorities Working for Wireless Everywhere

2 About PCIA PCIA The Wireless Infrastructure Association (PCIA) is the national trade association representing the wireless infrastructure industry. PCIA s members develop, own, manage, and operate towers and rooftop sites for all types of wireless, telecommunications, and broadcasting services. PCIA facilitates the Distributed Antenna System (DAS) Forum, a broadbased non-profit organization dedicated to the development of the DAS component of the nation s wireless network. PCIA and its members partner with communities across the nation to affect solutions for wireless infrastructure deployment that are responsive to the unique sensitivities and concerns of each community. 1

3 About This Presentation This presentation is a resource for explaining the benefits of wireless service and the need for the wireless infrastructure upon which it relies. It was developed in consultation with PCIA members including wireless siting specialists from infrastructure and service providers. It proceeds in six parts: 1. Benefits and growth of wireless services 2. Wireless network architecture 3. The wireless facility siting process 4. Relevant federal law 5. Frequently asked questions 6. Strategies for fostering a community-provider relationship. 2

4 Wireless Paradigm: Demand Drives Deployment Consumers, businesses, and first responders demand and benefit from wireless services. Increased demand for wireless services requires increased wireless network capacity and coverage. Increased capacity and coverage requires additional infrastructure. 3

5 Benefits and Growth of Wireless 4

6 The Benefits of Wireless Consumers, businesses, and first responders rely extensively on wireless services. Wireless services facilitate local economic growth and stability. Wireless broadband is rapidly becoming a true competitive service to wireline broadband, resulting in greater choices and lower prices for end users. As the number of wireless service providers with high coverage and capacity in a given area increase, users access to competitive service offerings at competitive prices also increases. BUT These benefits rely on the ability to rapidly deploy wireless infrastructure. 5

7 The Demand for Wireless There were approximately 276 million wireless subscribers in the U.S. as of June The number of estimated wireless subscribers more than doubled between 2002 and Over 24% of U.S. households have substituted landline telephone service with mobile wireless service. 3 An estimated 88 million mobile device owners used their device to access the Internet in U.S. consumers logged over 2.3 trillion minutes of use on their mobile devices in

8 The Benefits of Wireless: Public Safety First responders require robust high-speed wireless communications to deliver voice, video, and data services to save lives, prevent and solve crimes, and fight fires. A majority of public safety agencies across the country utilize wireless broadband services for critical activities such as dispatching, connecting to law enforcement databases while in the field, and emergency alerting. 6 Wireless services improve response times and enhance safety by ensuring lines of communication with dispatch and mission command. Mobile text alerts allow local, state, and federal public safety agencies to provide critical information to the public before, during, and after emergencies. 7

9 The Benefits of Wireless: Public Safety Wireless users placed over 290,000 Enhanced 911 calls per day in 2009, amounting to approximately 50% of all E911 calls. 7 Wireless users rely on wireless devices to report medical emergencies, crimes, and fires at home, at work, and everywhere in between. Over 24% of U.S. households utilize a wireless device as their sole E911 access device. Public safety services require accurate location information to respond to calls from wireless devices, which is enhanced by robust wireless infrastructure. The inability of a wireless user to connect to a network because of a lack of infrastructure endangers both citizens and first responders. 8

10 The Benefits of Wireless: Consumers Consumers utilize wireless services to stay connected to family and friends, access the Internet anywhere at anytime, and access law enforcement, the fire department, and medical services. Wireless services allow consumers to utilize tens of thousands of wireless applications to improve efficiency, provide entertainment, and facilitate safe driving through speech-to-text functions, among thousands of other examples. Children can use wireless services to keep in touch with their parents when away from home, and parents can use wireless service to ensure their children are always only a phone call or text message away. Consumers benefit from a robust wireless market where providers compete on prices, service offerings, and customer service. 9

11 The Benefits of Wireless: Businesses Businesses utilize wireless services to stay connected to customers and partners, increase productivity and efficiency, enable mobility, and track inventory and transactions. Through wireless services, business users are able to stay in touch with the office and customers while traveling down the street, or across the world. Wireless services are an essential component of telework strategies, which enables workforce flexibility to the benefit of businesses, workers, and the environment. Wireless infrastructure enables advanced machine-to-machine communications to improve business efficiency, electrical efficiency, and worker efficiency. 10

12 The Benefits of Wireless: Economic Stimulus Wireless service and infrastructure providers made over $10.5 billion in incremental capital expenditures in Wireless broadband will generate an anticipated $860 billion in gross domestic product gains over the next ten years. 9 As of June 2009, the wireless industry employed over 260,000 workers from local retail sales employees to call center employees. 10 [M]obile has never had greater potential to help address vital priorities including generating economic growth, spurring job creation, and advancing national purposes.... FCC Chairman Julius Genachowski 11 While the demand for wireless services and infrastructure is growing, it does not necessarily translate into more towers wireless service providers nearly always first try to collocate on existing structures. 11

13 The Future of Wireless Wireless broadband access and application use are driving increased demand for wireless capacity and coverage. By 2014 U.S. wireless networks will carry approximately 40 times the amount of traffic they carried in 2009, estimates show. 12 A majority of the people in the world will use a mobile device as their primary Internet access tool by 2020, according to estimates. 13 Wireless service and infrastructure providers have invested over $273 billion to deploy and update wireless networks; a trend that will continue in order to meet growing demand and that will benefit consumers, businesses, and local and national economic growth

14 Basics of Wireless Networks 13

15 Wireless Network Elements Wireless networks generally rely on several basic elements: Cell site supports the antennas placed at heights determined by technical analysis to avoid interference and provide the optimal transmission and reception of a wireless signal to and from a wireless device. Also supports all associated equipment. Base station the wireless service provider equipment placed at a cell site that facilitates the transmission and reception of a wireless signal to enable communication with a wireless device. Switch the central location through which all calls in a given area are routed, either through the public switched telephone network ( PSTN ) to a landline or another mobile device, or through another method to a wireless device or landline. 14

16 Basic Wireless Network Design PSTN SWITCH BASE STATION BASE STATION 15

17 Wireless Network Considerations Wireless networks are designed to meet specific technical and engineering requirements. The design may vary between wireless service providers, and depends on many factors including: Geographic location. Type of technology being deployed. Technical and engineering analyses. Wireless network design is determined by the wireless service provider, and in order to meet service demands and network needs the service provider must have the ability to quickly deploy the necessary infrastructure. 16

18 Wireless Infrastructure 17

19 Types of Wireless Infrastructure Wireless service and infrastructure providers may deploy different types of infrastructure depending on a variety of factors including technical and engineering requirements. Wireless infrastructure types can include, but are not limited to: Collocation on existing and new antenna support structures, rooftops, and other support structures. Existing and new antenna support structures Monopole tower Self-supporting lattice tower Guyed tower Alternative and supplemental infrastructure options Distributed Antenna Systems Picocells Microcells 18

20 Collocation Collocation is a preferred method of wireless facility siting. It involves the placement of wireless antennas on pre-existing structures such as towers, buildings, water towers, utility poles, and other structures. Collocated facilities balance the aesthetic concerns of the community and the needs of the service provider. 19

21 Antenna Support Structures Monopole Self-supporting lattice Guyed Stealthed sites Building mounted Mono-pine Mono-palm Other stealthing options 20

22 Monopole Tower 21

23 Self-supporting Lattice Tower 22

24 Guyed Tower 23

25 Stealthing Options Stealth designs: Enable wireless infrastructure to better blend with surroundings in any environment. Must be chosen to appropriately match the environment in which the infrastructure is located. Must only be required prospectively. While stealth designs blend better with surroundings, they impose several potential limitations: Reduced coverage and capacity. Reduced ability to collocate, which may result in a greater need for additional support structures. 24

26 Stealth Designs Mono-palm Flagpole Mono-pine Boulder Building Mounted Bell Tower 25

27 Distributed Antenna Systems (DAS) DAS is an alternative wireless network technology that utilizes small antennas that are usually mounted on existing infrastructure in the public rights-of-way, such as utility poles, and are connected to a central hub by fiber optic cable. Due to their limited power and coverage area, DAS networks typically are deployed by wireless service providers in appropriate circumstances to supplement traditional macro sites. DAS can be an effective technological solution chosen by wireless service providers in areas where topography makes traditional macro sites infeasible, or where additional coverage and capacity is needed. DAS networks are generally subject to public rights-of-way regulation and are generally exempt from zoning. 26

28 Microcells and Picocells Microcells and picocells are smaller wireless facilities that may be chosen by a wireless service provider depending on their need for supplemental coverage or capacity in an area. Due to their limited power, microcells and picocells cover more limited and strategic geographic areas than traditional macro sites, such as towers. Microcells and picocells are generally discrete solutions that can be placed on existing structures. 27

29 Site Selection 28

30 Siting Process Considerations The process of siting wireless communications facilities implicates a variety of inputs and limitations. Determine Need Evaluate Constraints Construct and Operate Site Technical and Scientific Analysis of Capacity and Coverage Federal and State Regulations Local Land Use Regulations Construction and Landlord Limitations 29

31 General Site Selection Process Wireless service providers deploy additional sites to relieve capacity constraints and fill coverage gaps. Wireless service providers constantly monitor the quality of its service and the needs of its users to determine if a new site is necessary. Once a service provider determines a site is necessary to relieve a capacity constraint or fill a coverage gap, the service provider examines locations within the area to determine the best location for additional wireless facilities. When a site is located that meets technical requirements, local zoning development standards and rules, and all federal regulations, the provider will negotiate a lease with the property owner, acquire necessary permits, and construct the site. 30

32 Determining the Need for A New Site Radio frequency engineers conduct scientific analysis of the network, examining network performance and usage patterns. Customer feedback and market research help identify where network improvements are necessary. Provider engineering teams will conduct real-world tests in an area to further refine and identify the need for network improvements. Radio frequency engineers identify the locations within the area that offer the best technical solution to alleviate the capacity constraint or reduce coverage caps. 31

33 Potential Sites are Located A zoning specialist will examine local land rules and regulations, and attempt to find a site within an area identified by the radio frequency engineers that is sensitive to the unique character of the community and serves the needs of the provider. A site acquisition specialist will work with property owners to identify viable leasing options. Wireless service providers will nearly always attempt to meet the need for network improvements through collocation. 32

34 Site is Selected and Constructed Once a site is located, the wireless provider must undergo extensive due diligence to ensure compliance with local, state, and federal regulations. Wireless service and infrastructure providers will: Negotiate a lease with the landowner. Work with land use attorneys to prepare materials for local siting application. Work with local planning authority to ensure application contains material required by code ensure timely application review. Once a site is approved and permitted, construction managers ensure it is constructed safely and in compliance with relevant building codes. 33

35 Federal Regulatory Framework 34

36 Telecommunications Act Basics The Telecommunications Act of 1996 preserves local and state authority over the siting of wireless infrastructure. Except as provided... nothing in this chapter shall limit or affect the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities. 47 U.S.C. 332(c)(7)(A) 35

37 Limitations on Local Authority Local and state authority is restricted by three significant limitations: Local and state regulation of placement, construction, and modification of wireless infrastructure may not unreasonably discriminate among providers of functionally equivalent services. 47 U.S.C. 332(c)(7)(B)(i)(I) Local and state regulation of placement, construction, and modification of wireless infrastructure may not prohibit or have the effect of prohibiting the provision of wireless services. 47 U.S.C. 332(c)(7)(B)(i)(II) Local or state statute or regulation, or other local or state legal requirement, may not prohibit or have the effect of prohibiting the ability of an entity to provide telecommunications service. 47 U.S.C. 253(a) 36

38 Timing for Decisions State and local governments must act on a wireless siting request within a reasonable period of time after the request is made. 47 U.S.C. 332 (c)(7)(b)(ii) The FCC has determined that a state or locality acts within a reasonable period of time if it takes action within: 90 days for applications for collocations days for all other applications. 16 Local or state governments and applicants can negotiate alternate timelines. 17 If a state or local government notifies an applicant within 30 days of filing that the application is incomplete, the time taken by the applicant to respond does not count towards the 90 and 150 day timelines

39 Requirements for Denials Any denial of a request to place, construct, or modify wireless facilities by a state or local government must be: Issued within 90 days for collocations and 150 days for all other applications. In writing. Based on substantial evidence contained in a written record. 47 U.S.C. 332 (c)(7)(b)(iii) 38

40 Federal Remedy for Applicants If a State or local government fails to comply with the relevant rules, applicants are entitled to expedited judicial review. 47 U.S.C. 332(c)(7)(B)(v) Applicants may seek this review when the State or local government: Fails to take action within the relevant time frames. Does not base a denial on substantial evidence contained in a written record. 39

41 Other Limitations State and local governments may not: Regulate or deny an application for the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the [FCC s] regulations governing such emissions. 47 U.S.C. 332(c)(7)(B)(iv) Deny an application solely because one or more carriers serve a given geographic market

42 Frequently Asked Questions About Wireless Service and Infrastructure 41

43 Radio Frequency Emissions Under federal law, zoning authorities may not consider the health effects of radio frequency ( RF ) emissions when authorizing the placement or construction of a facility, if the facility complies with federal rules. RF emissions from wireless facilities generally are significantly lower than allowed by the FCC. Nonetheless, local residents sometimes express concerns about the health effects of RF emissions, but There is no credible evidence that RF emissions have adverse health effects. 42

44 Radio Frequency Emissions The World Health Organization has conducted a review of all available studies and concluded that there is no convincing scientific evidence that the weak RF signals from base stations and wireless networks cause adverse health effects. 20 The U.S. Food and Drug Administration has determined that based on all available evidence, there is no increased health risk due to radiofrequency (RF) energy, a form of electromagnetic radiation that is emitted by cell phones. 21 The National Cancer Institute has concluded that despite the rise in cell phone use, brain cancer rates did not increase between 1987 and

45 Property Values Rising trends suggest home buyers check wireless coverage inside a home prior to buying. Wireless users anticipate a consistent level of service regardless of their location, including while at home. Over 24% of U.S. households have substituted wireline service with wireless service, and increasingly rely on wireless as their primary means of accessing first responders. To ensure service within users homes, wireless infrastructure and service providers must place wireless infrastructure close to residential areas. Wireless service and infrastructure providers make efforts to ensure that wireless infrastructure has a minimal negative aesthetic impact on the community. 44

46 Structural Integrity of Towers Wireless service and infrastructure providers have every incentive to ensure that wireless facilities are structurally sound. Wireless facilities are a critical capital asset of wireless infrastructure providers. Wireless service is dependant on wireless infrastructure if the infrastructure fails, the service cannot be delivered. Wireless facilities are designed and constructed in compliance with applicable engineering standards and relevant building codes. Wireless support structures are designed, engineered, and constructed in compliance with international building standards that provide the same level of survivability as high rise buildings. 45

47 Working Cooperatively 46

48 Engage in a Fair and Balanced Process Realize the positive benefits that wireless services provide to your community, and create a process for permitting wireless facilities that balances the interests and concerns of the community and the needs of wireless service and infrastructure providers. Maintain frequent and open channels of communication with wireless service and infrastructure providers. Engage all stakeholders including service and infrastructure providers, citizens, businesses, and public safety officials. Appreciate that wireless is an essential and growing service for all communities and the nation as a whole, and that wireless service and infrastructure providers have invested billions to expand and improve wireless service. 47

49 Streamline Processes Adopt an ordinance with clear and workable standards tailored to local conditions, staff abilities, time for review, and budget. Work cooperatively with applicants to help them understand the process and review procedures. Consider streamlined review of desired projects such as collocations. 48

50 Stay Informed Understand the legal, regulatory, and business environment and monitor any changes. Ask questions! Contact wireless service and infrastructure providers. Talk to your jurisdictions engineers. Engage your local municipal attorney. Contact staff at the FCC with regulatory questions. 49

51 Contact Us Jonathan Campbell Government Affairs Counsel PCIA The Wireless Infrastructure Association 50

52 References 1. CTIA s Wireless Industry Indices: Mid-Year 2009 Results at 26 (November 2009) (CTIA Wireless Indices). 2. Id. 3. Stephen J. Blumberg & Julian V. Luke, CDC, Wireless Substitution: Early Release Estimates from the national Health Interview Survey at 1 (May 2010), 4. John Horrigan, Pew Internet & American Life Project, Wireless Internet Use at 3 (July 2009), 5. CTIA Wireless Indices at National Emergency Number Association, Broadband Usage Survey at 8-9 (Nov. 2009) 7. CTIA, US Wireless Quick Facts, FCC, Consumer and Government Affairs Bureau, Wireless 911 Services, 8. CTIA Wireless Indices at OVUM, The Increasingly Important Impact of Wireless Broadband Technology and Services on the U.S. Economy at 4 (2008), CTIA Wireless Indices at Statement of FCC Chairman Genachowski (November 2009), FCC, Connecting America: The National Broadband Plan (Mar. 16, 2010), Janna Quitney Anderson & Lee Raine, Pew Internet & American Life Project, The Future of the Internet III, at 2 (December 2008), CTIA Wireless Indices at Petition for Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(B) to Ensure Timely Siting Review and to Preempt Under Section 253 State and Local Ordinances that Classify All Wireless Siting Proposals as Requiring a Variance, Declaratory Ruling, 24 FCC Rcd 13994, 46 (rel. Nov. 18, 2009) ( Declaratory Ruling ), Id. at Id. at Id. at Id. at WHO, Electromagnetic Fields and Public Health, FDA, No Evidence Linking Cell Phone Use to Risk of Brain Tumor, Id. 51