Cities are bound by federal and state laws to allow small cell installations; thus, San Mateo staff developed an ordinance to govern small cell installations to the extent possible. According to California’s Public Utilities Code (PUC 7901), companies defined as telephone corporations can have installations in the public right-of-way, but municipalities "shall have the right to exercise reasonable control as to the time, place, and manner in which roads, highways, and waterways are accessed."

Radio frequency emissions levels are currently preemptively regulated by the Federal Communications Commission (FCC) per the Telecommunications Act of 1996 (47 U.S.C § 332(c)(7)(B)(iv)). Cities can require applicants to meet the FCC standards, but cannot require lower radio frequency emission. Furthermore, Cities cannot prohibit or have the effect of prohibiting small cells.

The Public Works Commission (now the Sustainability & Infrastructure Commission) considered the draft ordinance during public hearings on October 11, 2017 and March 14, 2018 and discussed the City’s ability to enact a moratorium on small cell applications on April 11, 2018. A study session was held on May 9, 2018 to answer questions from the public. On May 30, 2018, the Commission held a final public hearing and voted to recommend that the City Council enact the draft ordinance. Council conducted the first reading of the ordinance on June 8, 2018, and after minor revisions, approved the ordinance on July 16, 2018.

Ordinance Development Timeline

2022 Meetings

• February 27, 2022 - City Council 
  • Approve a Master License Agreement for Use of City Owned Poles with Crown Castle Fiber LLC. 

2021 Meetings

• October 13, 2021 - Sustainability & Infrastructure Commission
  • Review the proposed Master License Agreement for Use of City Owned Poles with Crown Castle Fiber LLC, provide comments to staff, and make a recommendation to the City Council.
• July 19, 2021 - City Council
  • Adopt a Resolution to approve the Design Standards and Application Requirements, authorize the Director of Public Works to make future revisions to the Design Standards, as necessary, to comply with applicable rules and laws, and amend the Wireless Communications Facilities Permit fee in the Adopted Comprehensive Fee Schedule for fiscal year 2021-22.
• June 7, 2021 - City Council
  • Introduce an Ordinance to amend Chapter 17.10, “Wireless Communication Facilities in the Public Right-of-Way”, to the San Mateo Municipal Code Title 17 “Streets and Sidewalks” and review the proposed Design and Engineering Standards and Application Requirements.
• April 14, 2021- Sustainability & Infrastructure Commission 
  • Discuss and review revisions to San Mateo Municipal Code (SMMC) Chapter 17.10 "Wireless Communications Facilities in the Public Right-Of-Way" and Design Standards and Application Requirements for Wireless Communications Facilities and recommend approval to the City Council.
• March 10, 2021- Sustainability & Infrastructure Commission
  • 5G Wireless Communications Facilities Permit Applications – Exception from Design Standards. Public hearing to consider 5G minor wireless permit applications and approve the applications.

2020 Meetings

• May 4, 2020 – City Council
  • Approve a Master License Agreement with ExteNet Systems, LLC to allow small cell installations on City owned poles.
• March 11, 2020 - Sustainability & Infrastructure Commission
  • Review the proposed Master License Agreement for use of City Owned Poles with ExteNet Systems, provide comments to staff, and make a recommendation to the City Council.

2019 Meetings

• September 15, 2019 – City Council
  • Approve a Master License Agreement with AT&T for the use of City-owned poles
• July 10, 2019 - Sustainability & Infrastructure Commission 
  • Review the proposed Master License Agreement for Use of City Owned Poles with AT&T, provide comments to staff, and make a recommendation to the City Council.
• March 18, 2019 - City Council 
  • Approve Master License Agreement for use of City Owned Poles with Verizon.
• February 13, 2019 – Sustainability & Infrastructure Commission 
  • Review the proposed Master License Agreement for Use of City Owned Poles with Verizon, provide comments to staff, and make a recommendation to the City Council.

2018 Meetings

• October 10, 2018 – Sustainability & Infrastructure Commission
  • Update Regarding New FCC Order and Wireless Telecommunications Permit Applications for Use of Public Right-of-Way and Consideration of Use of Master License Agreement Template for Use of City Poles for Wireless Facilities Agreement
• September 12, 2018 - Sustainability & Infrastructure Commission 
  • Informational presentation on the City of San Mateo’s new Municipal Code Chapter 17.10, “Wireless Communication Facilities in the Public Right-of-Way” ordinance, and the Design and Engineering Standards and Application Requirements.
• July 16, 2018 - City Council
  • Adopt an Ordinance to add Chapter 17.10, “Wireless Communication Facilities in the Public Right-of-Way”, to the San Mateo Municipal Code Title 17 - “Streets and Sidewalks”, adopt a Resolution to approve the standard conditions of approval and amend the Encroachment Permit Fee in the Adopted Comprehensive Fee Schedule for fiscal year 2018-19 and review the proposed Design and Engineering Standards and Application Requirements, Including Standard Conditions of Approval.
• June 18, 2018 - City Council
  • Introduce an Ordinance to add Chapter 17.10, “Wireless Communication Facilities in the Public Right-of-Way”, to the San Mateo Municipal Code Title 17 “Streets and Sidewalks” and review the proposed Design and Engineering Standards and Application Requirements.
• May 30, 2018 - Public Works Commission
  • Review the proposed ordinance and standards for Wireless Telecommunications Facilities in the Public Right of Way, including application requirements and standard conditions of approval, and make a recommendation to the City Council.
  • Presentation by Bill Hammond, P.E. on telecommunications and radio waves (Video begins at 27:25).
• May 9, 2018 - Public Works Commission 
  • Study Session on Wireless Telecommunications Facilities in the Public Right of Way
• April 11, 2018 - Public Works Commission
  • Study Session on the City’s ability to impose a moratorium on small cell installations
• March 14, 2018 - Public Works Commission
  • Review the proposed ordinance for Wireless Telecommunications Facilities in the Public Right of Way and recommend approval to the City Council to Introduce the Ordinance

2017 Meetings

• October 11, 2017 - Public Works Commission
  • Review the proposed ordinance for Wireless Telecommunication Facilities in the Public Right of Way and recommend approval to the City Council.