SB 1004 CAUSING HEADACHES FOR CITIES ACROSS TEXAS

  

Brenham’s utility poles and light poles may soon become cluttered with cellular phone antennas, thanks to a bill passed by the state legislature.  Senate Bill 1004 becomes law September 1st and will allow companies to place cellular nodes in public rights of way.  It also limits the control that cities can have over them and what they can charge for each node.

Brenham Development Services Director Erik Smith made a presentation at today’s City Council meeting explaining the impact the bill could have on Brenham.  He said a number of companies have approached the city in the past about adding cellular nodes in the city’s right of way, but they were turned down.  After September 1st, the city will be limited in their control.  Cellular companies are looking to switch to 5G technology, and do so requires closely spaced nodes.  Smith said the city could require only one node per pole or require that nodes placed in historical areas be camouflaged or disguised to fit in with the architecture.

City Attorney Cary Bovey said that the city of McAllen has filed a suit saying the law is unconstitutional.  They contend that that state legislature cannot force a city to allow private companies to use their right of ways.

Council advised Smith to write up what regulations would be allowed by the law and present them at the next council meeting on August 17th.