CITY OF SAN MATEO
CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 4 Section Name: CONSENT CALENDAR Account Number: 10-1711 File ID: 25-10632 TO: City Council
FROM: Prasanna W. Rasiah, City Attorney
PREPARED BY: City Attorney's Office
MEETING DATE: November 17, 2025
SUBJECT:
Authorization to Provide Comment on Proposed FCC Rulemaking Addressing Wireless Facilities — Approval RECOMMENDATION:
Authorize the City Manager and City Attorney to Draft and Submit Comments on Behalf of the City of San Mateo Regarding Proposed Federal Communications Commission (FCC) Rules Addressing Wireless Facilities BACKGROUND:
On September 30, 2025, the Federal Communications Commission (FCC) issued a Notice of Proposed Rulemaking (NPRM or Notice) entitled, “Build America: Eliminating Barriers to Wireless Deployments.” The NPRM “[proposes] reforms that would free towers and other wireless infrastructure from regulatory burdens imposed at the state and local level.” The Notice seeks to potentially expand FCC rules implementing federal law that mandate local approval of collocation, removal or replacement of transmission equipment on existing “wireless towers” or “base stations” that does not “substantially change” their physical dimensions, as those terms are defined. This federal law was enacted as Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (or the Spectrum Act of 2012).
The Notice additionally seeks comment as to whether the FCC should take further steps to “ensure that state and local permitting regulations do not prohibit or have the effect of prohibiting the deployment of wireless infrastructure facilities” under the federal Telecommunications Act (specifically, Sections 253 and 332(c)(7)), building on rules issued in 2018. The FCC has asserted in this Notice that a number of state and local jurisdictions have inhibited the deployment, densification and upgrading of wireless networks, whether through purported permit delays, unreasonable fees, aesthetic requirements, or other local rules, which it suggests has resulted in an effective prohibition of 5G wireless services.
Notably, the NPRM cites local news reporting on the City of San Mateo’s wireless regulations to support an argument that some local restrictions on the placement of infrastructure deployment was for the purpose of limiting human exposure to radiofrequency (RF) emissions (see footnote 146). The NPRM does not mention the exception process built into the City’s regulations to afford relief from local standards when required by federal or state law, nor does it explain that City rules expressly state that they cannot regulate wireless facilities based on RF emissions.
Thus, it is important to submit comments not only to correct the record as to the City’s wireless regulations, but also to defend the ability of San Mateo and other local governments to exercise their police powers and proprietary rights. The deadline to comment is 30 days after publication in the Federal Register, which apparently has not yet occurred as of the writing of this report.
While the FCC issued a Notice of Inquiry on September 9, 2025 entitled, “Build America: Eliminating Barriers to Wireline Deployments.” That Notice of Inquiry focuses on wired broadband deployments as opposed to wireless facilities, and sought comment on right of way access, permitting, fees, and other related matters, which is separate from the NPRM
CITY OF SAN MATEO
addressing local regulations covering wireless facilities.
BUDGET IMPACT:
None
ENVIRONMENTAL DETERMINATION:
The authorization to submit comments regarding a federal rulemaking proceeding addressing wireless facilities is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS/ LINKS
FCC Notice of Proposed Rulemaking 25-276
STAFF CONTACT
Prasanna W. Rasiah, City Attorney
[email protected]
(650) 522-7020