California AB 965 Legislative Analysis
SUMMARY
AB 965 requires local authorities to accept and process batches of wireless antenna applications (no fewer than 25 in smaller municipalities, no fewer than 50 in larger ones) within strict time limits, or have the antennas automatically deemed “approved.”
AB 965 IS UNNECESSARY
Wireless companies and site developers complain that local authorities are taking too long to approve antenna applications. But In most communities, antenna applications are being routinely approved and antennas are being installed. Local authorities are only trying to prevent reckless and uncontrolled deployment of wireless antennas in their communities.
ANTENNA APPROVALS TAKE TIME
Antenna applications are complex documents, filled with propagation maps, engineering drawings, electrical diagrams, equipment descriptions, simulation photos, traffic flow plans, insurance certificates and other items required by local codes.
Each application and antenna location is unique, and proper analysis requires time and expertise.
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AB 965 contains language suggesting that applicants are willing to "help" local authorities speed up the approval process. But applicants should not be helping to approve their own applications!
THE 50 APP LIMIT IS FOR EACH PROVIDER
The minimum batch requirements of AB 965 apply to each wireless provider or site developer, potentially resulting in hundreds of antenna applications being submitted simultaneously, overwhelming local authorities and leading to mistakes, oversights and threats to public health and safety.
THE FCC ALREADY SAID "NO"
The FCC has already considered the industry’s request to make applications “deemed approved” if shot clocks are exceeded, but declined to do so after conferring with local officials. California legislators should not be asked to do what the FCC has refused to do.
AB 965 WILL NOT CLOSE THE DIGITAL DIVIDE
Fast-tracking wireless connections for underserved and unserved communities will not close the digital divide, because wireless broadband is an inferior technology not capable of providing the speed,. security and reliability required for full participation in the digital economy.
During the pandemic, many families discovered the limitations of wireless broadband. The right solution to the digital divide is not more wireless antennas, but fiber optic connections to the premises.