Resolution amending the established 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.

On January 14, 2019, the Council adopted a general set of guidelines and procedures in order to be a valid basis for which to measure applications from companies wishing to establish these small cell towers.  This was done in order to meet a deadline that was hastily established by the FCC on the same day (1/14/19) with the understanding that such guidelines would be reviewed and refined to better accomplish the goals of the City in maintaining certain aesthetic, undergrounding and spacing requirements for small cell towers.  Such changes to the guidelines must be complete, as per FCC Order, no later than April 15, 2019.  

Additionally, after internal discussion and reviewing other city practices, it is our opinion that such guidelines should remain a policy rather than established by ordinance in order to afford more flexibility to the small cell application process. 

Staff will also be publishing notice of public hearing for the 4/8/19 Council Session, as well as publication of the policy, so that immediate action may be taken and the deadline can be met.   

The City Legal Department recommends approval of this Resolution.