1. PROPOSED NEW ORDINANCE
WIRELESS TELECOMMUNICATIONS IN THE PUBLIC RIGHTS-OF-WAY
PROPOSED NEW ORDINANCE

2. Changes in Law By FCC Aleshire & Wynder, LLP
A whole new landscape of law for “small cells” issued by the FCC.
Dramatic changes in law with very short timeframes for implementation and compliance.
Primarily deals with “small cells” in the public right-of-way. We will eventually have to circle back to City’s regulations of private property facilities.
“Small Wireless Facilities” or “SWFs” =
Less than 50 feet, less than 28 cubic feet in equipment, 3 cubic foot panels.

3. Potential Wide-Spread Deployment
SWF Potential
Most incoming applications are going to qualify as SWFs under the new FCC Order.
Likely many in residential neighborhoods.
They are “gap” fillers for capacity and data—Not just call coverage.
About a 400 foot range.

4. Administrative Process Needed
Shot Clocks
“Shot Clocks” are deadlines for wireless application processing. The City must process and issue a decision on wireless applications within the shot clock deadlines.
The new FCC Order creates VERY short “shot clocks” for SWFs.
60 days for attachments to existing structures.
90 days for new structures.
The shot clocks on SWFs have been shortened so much—in many cases from 150 to 60 days—that a discretionary hearing process is no longer logistically possible.

5. Aesthetic / Design Standards
New Design Standards
Aesthetic / Design Standards
Thou shalt not “materially inhibit” SWF installations—New standard that completely re-writes the legal standards on which our regulations are based.
City’s aesthetic standards need to be (1) reasonable, (2) non-discriminatory, and (3) objective and pre-published.
The new aesthetic standards must be on the City’s website by April 14, 2019

6. Major Point: Aesthetics Limitations
What Design Standards are Allowed?
Major Point: Aesthetics Limitations
The FCC Order allows “…aesthetic requirements that are reasonable in that they are technically feasible and reasonably directed to avoiding or remedying the intangible public harm of unsightly or out-of-character deployments. . .”
Once an application is deemed complete, there is very little room for denial, especially if that application proposes to meet our aesthetic standards that are “technically feasible” for the deployment.

7. Proposed Council Actions
How Do We Sort This by April 14?
Proposed Council Actions
The Council is being presented with an Urgency Ordinance and a regular ordinance (1st/2nd Readings, plus 30 days).
For SWF aesthetics, we propose the use of a “Policy” that is adopted by resolution. Maximizes flexibility and changeability in the face of rapidly changing laws and changing technological advances.

8. Proposed new ordinance
The proposed ordinance will add a Chapter to Title 12 – Streets, Sidewalks and Public Places. The ordinance will establish the following:
Administrative review (by the Public Works Director) of all proposed SWF
Appeal process with independent hearing officer
Requirement for encroachment permit
Findings for approval of proposed installations
Operation and maintenance standards
Procedures and standards for eligible facilities requests
Permit conditions including insurance requirements, indemnity, performance and removal bond, maintenance and inspection requirements
Notice requirements

9. Proposed swf regulations
Proposed New Policy on SWF Regulation
Proposed swf regulations
The proposed Council Policy for the regulation of SWF will include, among other provisions, the following:
Strongly encourages pre-submittal conferences
Additional findings required for SWFs
Relocation requirements
Preferred location requirements
Preferred support structures in the PROW
Prohibited support structures include decorative street lights
Design standards:
Regulations on noise, lights, landscaping, signage, replacement and new poles
Height limitation, concealment requirement
Accessory equipment must be enclosed within the pole or underground
Unmetered electric service required where available