| | | | | | | | Council Communication
Department: Legal
Case/Project No.:
Submitted by: Graham Jura | Resolution 19-10 | Council Action: 1/14/2019 |
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| | | | | | | | Description
Resolution establishing general procedures and standards, consistent with all applicable federal and state laws, for the siting, construction, installation, collocation, modification, relocation, operation and removal of small cell wireless technology within the city’s right-of-way and on any city-owned property. |
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| | | | | | | | Background/Discussion
The Federal Communications Commission has adopted an order that limits municipalities in their oversight of small cell tower placement. That order also establishes a deadline of January 14, 2019 to have standards in place, and published in advance, in order to be a valid basis for which to measure applications from companies wishing to establish these small cell towers. Without any standards, any determination we make on applications for small cell towers will likely be overturned because it is not consistent with the FCC’s order of being “(1) reasonable, (2) no more burdensome than those applied to other types of infrastructure deployments, and (3) objective and published in advance.”
This Resolution is meant to establish such standards in order to have something in place by the deadline, and staff will review the policy going forward to have it more refined and desirable prior to enacting it under ordinance procedure in the near future. However, the risk of not having any standards in place by the deadline is too great and could result in the City having no basis to deny any type of application.
Staff will also be publishing notice of public hearing for the 1/14/19 Council Session, as well as publication of the policy, so that immediate action may be taken and the deadline can be met. |
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| | | | | | | | Recommendation
The City Legal Department recommends approval of this Resolution. |
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