Can rural areas stop the deployment of 5G by the National Strategy to Secure 5G Implementation Plan?
The National Strategy to Secure 5G Implementation Plan, as outlined by the Federal Communications Commission (FCC), includes the 5G Fund for Rural America, which aims to bring 5G mobile broadband service to rural areas. The FCC has directed $9 billion over the next 10 years from the Universal Service Fund to be used for this purpose. The 5G Fund is intended to expand fifth-generation (5G) wireless service to rural areas, ensuring that rural Americans enjoy the same benefits of 5G technology as urban areas. The FCC has adopted a minimum baseline performance requirement for 5G Fund support recipients to deploy 5G in eligible areas. Therefore, the 5G Fund for Rural America is designed to facilitate the deployment of 5G in rural areas and is not intended to be stopped by rural areas[1][2][3][4].
The 5G Fund for Rural America is part of the FCC’s efforts to ensure that rural areas receive service reasonably comparable to high-speed, mobile broadband service available in urban areas. The fund is also aimed at advancing 5G mobile service in areas of the country where it would continue to be lacking without subsidies. Various projects, such as the 5G RuralDorset project in the UK, have demonstrated the potential of 5G networks in rural areas for commercial, research, and educational purposes[4][5].
The bill to federalize cell towers and upgrade American infrastructure is called the Infrastructure Investment and Jobs Act (IIJA). This act allocates $65 billion to expand high-speed internet access to rural and underserved areas. The funding is intended to be spread out over several years, with approximately $14 billion earmarked for infrastructure. The IIJA aims to improve the nation’s infrastructure, including power grid updates, clean energy funding, and broadband expansion in rural areas and low-income communities[9]. Additionally, the act includes $65 billion for water infrastructure, such as lead pipe replacement and improvements to sewerage systems[9].
There is no indication that the US government is planning to take over cell towers. However, the government has the power to acquire property through eminent domain for public use, which includes cell phone towers[11]. Eminent domain is a law that grants the government and certain other entities the right to acquire property, provided that the owner of the land is compensated suitably[11]. The necessity for cellphone towers has led to an increase in the demand for appropriate sites, and when a suitable location cannot be attained by agreement with the owner of the property, eminent domain may be exercised[11].
In some cases, the government has requested the construction of cell towers on private property, and lawsuits have been filed against local governments and zoning boards for their failure to approve these requests[14]. These cases involve wireless service providers suing local governments and zoning boards for delays in approving cell tower construction[14]. However, these lawsuits do not indicate a government takeover of cell towers.
In summary, while the government has the power to acquire property through eminent domain, there is no evidence to suggest that the US government is planning to take over cell towers.
Citations:
[1] https://sgp.fas.org/crs/misc/IF12465.pdf
[2] https://www.fcc.gov/5g-fund
[3] https://www.federalregister.gov/documents/2023/09/28/2023-21476/establishing-a-5g-fund-for-rural-america
[4] https://docs.fcc.gov/public/attachments/DOC-396574A1.pdf
[5] https://www.gsma.com/5ghub/ruralareas
[7] https://www.whitehouse.gov/briefing-room/statements-releases/2021/11/06/fact-sheet-the-bipartisan-infrastructure-deal/
[8] https://www.novoco.com/documents101802/wh_infrastructure_outline_021218.pdf
[9] https://www.investopedia.com/here-s-what-s-in-the-usd1-trillion-infrastructure-bill-passed-by-the-senate-5196817
[10] https://www.ntia.doc.gov/files/ntia/publications/itif-06252020.pdf
[11] https://bellcarrington.com/exploring-the-rules-of-eminent-domain-for-acquiring-cell-phone-tower-sites/
[12] https://wblk.com/fema-cell-phone-emergency-alert-system-test-new-york-state-next/
[13] https://890kdxu.com/federal-government-to-take-over-utah-phones-in-october/
[14] https://www.law.com/newyorklawjournal/2023/01/24/federal-and-local-law-govern-requests-to-construct-cell-towers/?slreturn=20231109065725
[15] https://www.fletc.gov/sites/default/files/imported_files/training/programs/legal-division/downloads-articles-and-faqs/research-by-subject/miscellaneous/TrackingIndividualsviaTheirCellularPhones.pdf
