Small cell technology “stretches” the coverage of larger telecommunication towers. Unlike larger towers, small cell facilities generally cover small geographic areas and are usually mounted to existing structures – like buildings or utility/light poles – or are part of new similarly sized poles or structures.  

No. Federal and state laws – and ruling by the Federal Communications Commission (FCC) –significantly limit the city’s ability to regulate small cell wireless facilities.

• Under the 1995 Federal Telecommunications Act, the city cannot:
  • Prohibit telecommunication facilities
  • Discriminate among providers
  • Cite environmental concerns as a reason for denial when a facility complies with FCC rules.
• Under 2017 amendments to the Minnesota Telecommunications Right-of-Way User Law, small cell wireless providers must be considered allowable right-of-way users, similar to gas, electric and cable companies and must be allowed as permitted uses within the right-of-way. Zoning review and permitting is limited.
• The only exception is for small cell facilities located on new structures in single-family residential areas. In these cases, the city may require a conditional-use permit (CUP), but must still comply with federal and state laws.
• Under a 2018 FCC ruling, cities must allow the construction/location of telecommunication facilities within public rights-of-way. The ruling also places restrictions on a city’s ability to regulate certain aspects of the facilities. For example, a city may establish aesthetic standards, but the standards can be no more burdensome than the standards placed on other right-of-way infrastructure.

No. The city cannot prohibit or discriminate among technologies that comply with FCC regulations. For example, the city cannot allow facilities that utilize 3G or 4G technology but prohibit 5G technology.

No. By state law, the city must allow small cell wireless facilities within the public right-of-way. The city cannot dictate that certain rights-of-way are “off limits” and the city can’t suggest different locations.

A right-of-way permit is required for all small cell wireless installations in public right-of-way anywhere in the community. These permits are reviewed and issued by city staff. In addition, a CUP is required for small cell wireless installations on new structures in single-family residential areas. CUPs are reviewed by the planning commission and city council.

By federal law, the city cannot deny a request based on the environmental effects of radio frequency emissions, as long as the request complies with FCC rules.

The FCC requires that telecommunication facilities comply with radio frequency exposure guidelines.

Visit the FCC’s safety FAQs and Cancer.org's information about radiofrequency radiation and cell phones to learn more.