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Public WiFi, Public WiMAX … But No Permits? Please ReconsiderAt least 250 U.S. local governments are at some stage in launching a municipal WiFi network. It’s a no brainer, they say, because without the city’s (or County’s) oversight, WiFi will be reserved for the affluent. In order to induce an ISP (Internet Service Provider) to put their transceivers on poles, most cities are charging a low, lump-sum fee … no permits, just a fee. We’ve said it before: charging rent, imposing a fee or signing a right-of-way agreement does not constitute zoning approval. Without zoning and/or building permits, your local government is at risk of challenge from a wireless carrier who is forced to get permits. Recommendation: Stop giving WiFi ISPs the right to hang transceivers from your publicly-owned poles. They will not only bring the Internet to all the homes along the street, but they will also bring phone service, TV and everything the new Apple I-Phone is designed for … into your living room. Permits? Does PlanWireless actually believe a city should plan, zone and permit each and every outdoor node? PlanWireless does. It’s so tempting to want to bridge the “digital divide.” Bring WiFi to the people, your city says, and we’ll let the ISPs hang their transceivers from our poles for cheap rent. However, you should not do this without permits for those transceivers. Anything a Cellular, PCS or Nextel applicant must do, the ISP should do as well. You see, WiFi and its younger brother WiMAX, will be able to do whatever the Cellular, PCS and Nextel folks can do now – and more. So think about it: you make the “wireless cellular carrier” go through hoops and gyrations to build a cell site, but you let ISP’s install WiFi for rent? A proprietary agreement (lease, right-of-way agreement, “deal,” etc.) is not the same as a regulatory approval (e.g., zoning permit or building permit). If I am a “cellular” company and I need a permit every time I want to build a cell site, imagine how I feel when you are giving away WiFi “nodes” without regulation and for a pittance? They are going to compete for business, the ISP and the FCC- licensed carrier, and they need a level playing field. The banner of bridging the “digital divide” does not grant any city special privileges: if your city or county goes to the FCC and asks: “Why does it matter to you, FCC, if the ISP is given regulation-free access while the personal wireless service is required to go through zoning?” The answer from the FCC may be: “the purpose of the Telecommunications Act of 1996 is to break down competitive barriers, not to have different rules for different technologies. If you don’t want to zone WiFi, then don’t zone ‘towers’ (which are getting smaller every day). If you want planning and zoning, then apply it equally.” |
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Kreines & Kreines, Inc. |
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