What Can Be Done About WWOP (Wireless Without Permits)?

First of all, your community should acknowledge that a cell site is not a tower and that a wireless access point is not a function of size.  There are towers (which get new cell sites on them everyday in the name of co-location) and there are antennas/boxes on poles that are cell sites. The reason that cell sites must have permits is not because your community doesn’t like them.   It’s the law.

Second, WiFi nodes are small, but that doesn’t mean they don’t need permits.  Anything installed by the private sector that could fall down and hit someone on the head should have a building permit.  A good city or county attorney could step in and say to a complaining wireless carrier: “We make the rules and we can waive the rules.”  But building codes are often codified at the state level, and a WiFi node installed by the private sector at least needs a building permit.

Third, your community needs a Wireless Master Plan.  We are seeing some cities trying to make money from leasing sites owned by the public to private companies and others trying to get everyone to co-locate and still others trying to figure out how many cell sites there ultimately will be.  These are all good reasons for a Wireless Master Plan.  But ultimately, the real reason for a Wireless Master Plan is to provide a regulatory framework that: 

·            Describes when permits are required.

·            Describes what kind of permits are required.

·            Describes when permits should be issued.

·            Describes how your community can encourage needed wireless coverage.

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Kreines & Kreines, Inc.
58 Paseo Mirasol, Tiburon, CA 94920
Phone: (415) 435-9214
Fax: (415) 435-1522
e-mail: mail@planwireless.com