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In September 2018, the Federal Communications Commission issued new requirements for local jurisdictions to accommodate 5G telecommunications infrastructure in the public right-of-way. The ruling lacked nuance and now has the effect of forcing cities and counties to permit new cell towers with limited opportunity to require that the infrastructure integrate effectively into the built environment. Like local jurisdictions, home builders regularly build public improvements. Approvals for new housing include requirements to widen roads, place street lighting and signalization, and create new sidewalks, curbs, and gutters, which require relocating third party infrastructure located in the right-of-way. This work is complicated and expensive, and builders can rarely complete it within a predictable time period. A recent Washington County long range planning issue paper highlighted the fact that cost estimates to relocate telecommunication facilities range from $5,000 to more than $250,000 per pole depending on the age of the pole and the number and type of third parties utilizing the pole. These costs are magnified when the third party fails to respond to builder requests in a timely manner. In such cases, it is not uncommon for the relocation process to take over a year to complete. This delay prevents new housing from moving forward as local jurisdictions generally do not permit construction to begin prior to completion of the required right-of-way improvements. The HBA is currently working with Sherwood and Washington County, both of which are in the process of updating their right-of-way permit ordinances, to ensure that builders do not have to bear the burden of the FCC ruling. We believe that jurisdictions should require telecommunication providers – at their own expense – to temporarily or permanently disconnect, remove, relocate, change, or alter the position of, any private facilities located within the right-of-way when it is determined that such action is necessary in order to construct, repair, maintain, or install any improvement located within the right-of-way. Doing so fairly places the responsibility for relocating infrastructure on its owners, who are best positioned to manage costs during the relocation process. To learn more about our work on right-of-way permit ordinances, contact Ezra Hammer at ezrah@hbapdx.org. Next Article Previous Article