The FCC plans to revise and expand its Over-The-Air Reception Device (OTARD) rule to allow 4G and 5G antennas/small cells on private property and eliminate state and local control over them.
If adopted, antennas of a certain size could be installed anywhere on private property. They would be exempt from all state and local permitting, public notification, public hearings, rules and ordinances regulating this equipment, and information about the equipment itself, including RF reports.
If adopted, state and local governments would likely have no information about how many antennas are installed or where they are located. And as a result, the public would have no information and no recourse. Since property owners would be offered income to host this equipment, regardless of the effect on surrounding properties, neighbors, or the environment, this would have a very negative effect on community cohesion.
This seems to be more commandeering of state and local authority by the FCC. The 10th Amendment of the U.S. Constitution separates state and federal authority, giving powers to each. The 1996 Telecommunications Act also gives regulatory authority to state and local governments. The FCC is trying to take away their powers.
From Americans for Responsible Technology