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Amend Town 5G Regulations to Comply with Federal Law - YES

This one was a tough pill to swallow. Under the Trump Administration, the FCC—considered by many to be a "captured agency" under the undue sway of the telecom industry—issued a series of draconian rulings stripping cities of almost all discretion in regulating 5G (or "small cell") infrastructure in their jurisdiction. The mandates were a crushing blow to local control that saw Corte Madera lose virtually all say over whether or how to approve telecom companies' applications to install 5G infrastructure on public property.

Corte Madera joined a host of other cities across the nation in suing to overturn the ruling, but unfortunately, the FCC prevailed in court, and while a group of those cities are pursuing the matter to the Supreme Court (and we wish them all luck!), Corte Madera's Town Attorney has advised us that they are not likely to win there either.

That leaves Corte Madera in a bad spot: forced to amend our own municipal code to accommodate the FCC's mandates and 5G companies' wishes, lest we run afoul of federal law and expose Corte Madera taxpayers to legal jeopardy—a stand I could not support in good conscience, knowing it was sure to lose.

I'm very disappointed there wasn't more we could do to fight for our local control, but we will keep a keen eye open as the situation around 5G regulation develops in the hopes that an opportunity to reclaim some measure of control over our public property arises.


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