Mercer Island is adapting its policies to take a new FCC rule into effect.

In September 2018, the Federal Communications Commission (FCC) adopted a new rule related to the deployment of small cell facilities. “Small cell” antennas typically support the expansion of the 5G wireless communication network, and are commonly mounted on existing utility poles, along with a small equipment box; the antennas are smaller than current cell tower-style antennas.

The nationwide rule took effect on Jan. 14 and significantly limits the city’s authority, requiring the city to approve the installation of any new small cell facility (generally within 60 days), allow new small cell facilities to be located on existing utility poles, and allow installation of new small cell poles in the public right-of-way.

The city can regulate only the design and aesthetics of new small cell facilities, provided that the design standards are adopted and published in advance of any submitted application — those standards cannot have the effect of materially inhibiting the installation process.

Because the city’s current regulations never contemplated the emergence of small cell facilities, on Jan. 15 the Mercer Island City Council unanimously approved an emergency ordinance to protect the Island community by adopting temporary design standards. That will allow time for a thoughtful conversation around permanent design standards in consultation with citizens.

A public hearing will be held on March 5, and the emergency ordinance will be in effect through mid-July.

“We recognize that many people in the community do not like the idea of a new small cell antenna on their neighborhood street,” said Evan Maxim, director of the city’s community planning and development department. “The city council has taken what action it can to establish temporary design standards that will minimize impacts, while still complying with the new federal law.”

See www.mercergov.org/CouncilMeetings for more.