The City of Fishers will move forward with permit requests for 5G towers in residential neighborhoods using all the legal levers at its disposal, but the mayor and city attorney caution local residents that the state and federal governments have usurped most of the  authority to regulate 5G technology.

Mayor Scott Fadness was at the forefront of lobbying the Indiana General Assembly to allow local governments more legal authority over 5G tower regulations, but state lawmakers chose to limit cities and towns ability to evaluate requests from wireless providers for tower permits.

City Attorney Chris Greisl told the Board of Public Works and Safety Monday that Fishers can look at where towers are located within a neighborhood, but cannot ban or deny all requests for 5G small cell towers based on state and federal law.

Fadness also said the federal government does not allow local municipalities to take any possible health risks into account when evaluating small cell tower permits.

Fadness did say the city will notify homeowners associations (HOAs) when tower permits are under consideration, and will also notify all residents within 200 feet of the proposed pole.  This will be city policy beyond state or federal requirements, Fadness said.  Those living in the area of any proposed tower will be given the opportunity to provide their views before any tower permit is decided by the Board of Works.

Verizon Wireless has 40 5G tower permits pending with the city, with 500 total expected in the coming year-and-a-half.   There are now 115 towers deployed locally, mostly along Fishers thoroughfares.

Based on Greisl’s presentation to the board, the city’s jurisdiction is limited to where small cell towers are specifically located within in a given neighborhood.  Verizon has been cooperating with city staff in efforts to locate such towers in common areas of neighborhoods, away from homes as much as possible, according to Greisl.  The city may also consider the aesthetics within a neighborhood when evaluating permit requests.

City Attorney Greisl talked about the health and safety issues connected with 5G technology.  “The FCC (Federal Communications Commission) has spoken pretty clearly about our prohibition in regulating this (5G techology) use,” Greisl said.  He referred to a resolution passed by the Carmel City Council asking the state to slow down 5G implementation, but Greisl added that Carmel also has 40 small cell tower permit requests filed and Carmel is processing those requests under the same laws as Fishers.

The first permit requests are being proposed in the north central area of Fishers.

5G towers have a shorter range than the current 4G wireless system, with towers needed every 500-1,000 feet.

Greisl told the board there are time deadlines for the board to act.  Failure to act within the prescribed time periods in the law will lead to an automatic approval of the tower permit.  The city staff has 10 days to review a permit once submitted, then the Board of Works has 45 days to consider approval or denial of that submission.

The Board of Works is expected to consider the first small tower permit request in April.

The city has a new section of its Web site dedicated to 5G…you can access it at this link.