Report to Mayor and City Council
Tuesday, April 02, 2019
Discussion
SUBJECT:
Title
CONSIDERATION OF ORDINANCE NO. 19-1929U AND INTRODUCTION OF ORDINANCE NO. 19-1930 TO ALLOW AND REGULATE WIRELESS TELECOMMUNICATION FACILITIES IN THE PUBLIC RIGHT-OF-WAY AND CORRESPONDING DESIGN STANDARDS (CITY COUNCIL)
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I. SUMMARY
On September 26, 2018, the Federal Communications Commission (FCC) approved a Declaratory Ruling and a Third Report and Order, collectively referred to as the "FCC Order." These rules are part of a larger rulemaking that aims to reinterpret the federal Telecommunications Act of 1996 that prohibit actual and effective prohibitions on wireless infrastructure deployments. The FCC Order implements industry demands to remove barriers and accelerate the deployment of wireless-communication facilities, specifically "small-wireless facilities" (SWFs). On December 10, 2018, the FCC clarified the effective dates for the FCC Order, stating that the "shot clock" (local review period) and fee regulations go into effect on January 14, 2019, and the aesthetic regulations go into effect on April 15, 2019.
II. RECOMMENDATION
Recommendation
Staff recommends that the City Council:
1. INTRODUCE for first reading Ordinance NO. 19-1930 (Exhibit A) to amend Municipal Code, Article VII to regulate wireless telecommunication facilities in the public right of way, and determine the project is not subject to the California Environmental Quality Act;
2. ADOPT Urgency Ordinance NO. 19-1929U;
3. ADOPT the attached Resolution to approve the corresponding City Council Policy for design standards applicable to SWFs in the public right of way and direct staff to promptly post the Policy on the City's webpage;
4. DIRECT Public Works staff to bring back an amendment to the master fee schedule to establish application fees and penalty fees.
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III. ALTERNATIVES
1. Take such other action, as the City Council deems appropriate, consistent with the requirement of the l...
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