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HB 4097

Construction: public buildings; placement of certain antennas on public school buildings, rooftops, and adjacent structures; prohibit. Amends 1937 PA 306 (MCL 388.851 - 388.855a) by adding sec. 1e.

2025-2026 Regular Session Introduced by Jim DeSana

Prohibits placing 4G/5G main or large-support equipment within 1,500 feet of public schools or on/near rooftops, with small routers allowed unless heavy or sole 4G/5G service.

bill electronically reproduced 02/20/2025
#communications:technology #communications:telecommunications #construction:publicbuildings #education:buildinguse
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Bill Summary · HB 4097

Bill summary — HB 4097 (2025): Prohibiting placement of certain 4G/5G equipment on or near public school buildings

Note on document: The packet provided mixes two distinct bills (an Illinois higher‑education residency bill and a Michigan school construction bill). This summary focuses on the Michigan measure that amends 1937 PA 306 (MCL 388.851–388.855a) by adding Section 1e — the portion titled and described as restricting placement of 4G/5G equipment on or near school buildings.

Main purpose

To prohibit installation or placement of specified 4G/5G cellular transmission equipment on or within a defined distance of public school buildings, including rooftops and adjacent structures, in order to prevent new 4G/5G transmission hardware from being sited on or very near school facilities.

Key provisions

  • Adds Section 1e to the School Code (1937 PA 306).
  • Prohibits installation or placement, in a new or existing school building, on the rooftop or an adjacent structure, or within 1,500 feet of a school building, of any of the following (excepting equipment installed prior to the bill’s effective date):
    • A 4G or 5G main transmission antenna.
    • Equipment that is 6 cubic feet or larger that is used to support 4G or 5G transmission.
    • A 4G or 5G support antenna.
  • Exception for small internet routers: installation/placement of a small internet router is allowed unless the router weighs 15 pounds or more or is used solely to provide 4G or 5G service.
  • Definitions included: “4G” and “5G” are defined respectively as the fourth and fifth generation of broadband cellular network technology.
  • No penalties, enforcement mechanism, or effective date are specified in the text of Section 1e as provided.

Who is affected

  • Public school districts and buildings (new and existing) — sites where prohibited equipment could be installed.
  • Wireless carriers, tower/site operators, and vendors — would be restricted from siting covered 4G/5G equipment on/near schools or within 1,500 feet.
  • Property owners/landlords adjacent to schools — may be restricted from leasing rooftop or adjacent space for covered equipment.
  • Students, parents, and school staff — potential beneficiaries of the legislative intent; also potentially affected by changes in local wireless coverage near schools.

Procedural / timeline notes

  • Identified as introduced in the House on 02/20/2025 (Rep. James DeSana listed as introducer in the bill header).
  • Referred to the Committee on Regulatory Reform; committee activity and calendar actions are recorded through May 2025 (hearings, favorable report, placement on General State Calendar, and laid on the table subject to call).
  • A companion bill is listed as SB 1851.

Potential impacts and considerations

  • Connectivity: Restricting 4G/5G equipment near schools could reduce local wireless capacity or require carriers to site equipment farther away, potentially increasing deployment costs or leaving coverage gaps.
  • Existing installations: The bill grandfathered equipment installed before the bill’s effective date, limiting immediate disruption to existing sites.
  • Legal issues: Federal communications law and FCC rules sometimes preempt state/local restrictions on placement and operation of licensed wireless facilities; the absence of an enforcement or penalty provision could lead to legal or regulatory uncertainty and possible litigation.
  • Implementation: The bill does not specify enforcement authority, permitting changes, or funding for alternative connectivity solutions for schools affected by reduced nearby wireless infrastructure.

If you want, I can:
- Extract the exact statutory citation and proposed wording formatted side‑by‑side with current statute text, or
- Draft a short memo on likely federal preemption issues and regulatory risks associated with this restriction.

Compiled from official sources — confirm details with the bill’s official record.

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