Months After Small-Cells Law, Kansas Sees Little Wireless Deployment

While cities are complying, many communities “have not seen much expansion of wireless networks since this law,” said League of Kansas Municipalities Executive Director Erik Sartorius. There hasn’t been a “rush to grow service,” he said. There hasn't been “a deluge” of small-cell applications, agreed a spokesman for Kansas City and Wyandotte County, Kansas. “There has been little to no impact since last year’s HB-2131 law came into effect.” Overland Park got about a dozen applications for small-cell facilities after the law took effect, fewer than expected, said Assistant City Attorney Michael Koss.

“Industry wants these short timeframes to approve applications,” but “little actual deployment is going on,” NATOA Executive Director Steve Traylor emailed Monday. “The response I get back from industry is that the delay -- often a year or more after the granting of the application -- is [because] financing for the actual deployment needs to be put into the service provider’s budget.” Some see the situation as “a land grab for locations … with just an expectation of actual deployment in the future,” Traylor said.

“A growing number of states across the country are moving to enable the roll out of higher speed 5G wireless," a CTIA spokesman said, "and these early adopter states will be well positioned to reap the benefits of 5G in terms of investment and employment opportunities.” The Wireless Infrastructure Association didn’t comment.

“Not only was the legislation unnecessary for the advancement of small cell, it went well beyond the stated purpose of allowing small cells,” Koss emailed. Overland Park had distributed antenna systems around the city since 2012, with at least 18 installed before enactment of the small-cells law, Koss said. The city supported small cells years before the bill was introduced and had agreements with five entities, the city attorney said. To implement the law, Overland Park passed ordinances amending right-of-way, zoning and franchise rules, Koss said. “This process was complicated and required large amounts of time from personnel in the law, public works, and planning departments. The most intensive part of adjusting to the new legislation probably took place over six months; however, the City continues to work through the effects of the legislation.”

The law had other effects, Sartorius said. “We have seen some instances of attempts to site new, large towers (80’+) at busy intersections and other locations that have caused concern for cities,” he emailed. “When we see broader use of the law by wireless providers, we will then have a better understanding of where the law is working and where it falls short.” Koss said the law “placed many unnecessary and obtrusive restrictions on cities,” including disallowing cities from considering need for a proposed facility or requiring co-location on nearby poles and towers. The law “unnecessarily granted the wireless industry many additional statutory rights that weren’t needed to install more of their facilities,” such as the right to place full-sized towers in city right of way including front yards, he said.

Nine states enacted small-cells legislation, and a Florida bill is awaiting the governor’s signature (see map). Several other states have bills, with votes scheduled this week. The Rhode Island House is to vote on a small-cells bill Tuesday and the Wisconsin House is to vote on a bill Wednesday. A North Carolina bill passed by the House is scheduled for a Senate committee hearing Tuesday.