50A - ORD 1ST READ TELECOM FACILITIES

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Ordinance - Repeal & Reenact Article X of SAMC Chapter 33 Telecommunications in the Public Right -of -Way September 4, 2018 Page 2 This first reading of this item was originally scheduled forthe August 21, 2018 City Council Meeting. However, wireless carriers provided additional comments on the day of the scheduled first reading; therefore, staff decided to continue the item to the next City Council meeting to allow additional time to discuss the comments and revise the ordinance, as necessary. Wireless carrier comments had already been considered, but the new comments have been reviewed and staff has in response made some minor revisions to the draft Ordinance. The City's consultant, Magellan Advisors, staff from the City Attorney's Office and outside legal counsel, and the Public Works Agency are recommending consideration of the draft Ordinance. BACKGOUND Telecommunications advancements and consumer demand for network data capacity have led the wireless industry to seek to deploy smaller and more densified wireless antenna facilities in the public rights-of-way. Different types and sizes of wireless facilities deliver diverse wireless coverages and capacities. A "macro cell" is typically used for wider coverage, with a radius of several miles, and these facilities are usually located on freestanding towers, faux tree poles, tall buildings, water tanks, etc. Macro cells are the types that have been traditionally utilized by the wireless industry. Wireless providers have already deployed many of both macro cell and small cell antennas under the existing ordinance, but have expressed a desire to deploy hundreds more of these antennas and associated equipment throughout the City. Although the City's municipal code regulates wireless installations in the public right-of-way, our code is in need of an update to address the increased demand for deployments and changes in state and federal law that have occurred since Ordinance NS -2816 was adopted in 2011. Among other changes in state and federal law, Congress enacted the Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum Act). Section 6409 of the Spectrum Act requires a local government to approve any "eligible facilities request" for a modification of an existing tower or base station that does not substantially change the physical dimensions of such facility. An implementing order adopted by the Federal Communications Commission (FCC) in 2014 defines key terms in the statute, sets timeframes for the approval process, and creates a "deemed granted" remedy for failure to meet the timeframe. In 2015, the California Legislature adopted AB 57 (codified as Government Code 65964.1), which provides a "deemed approved" remedy for the failure to meet timelines for action on other types of wireless permit applications that are subject to permitting deadlines known as a "shot clock" established by the FCC in orders released in 2009 and 2014. The ordinance has been modified to reflect these and other changes in state and federal law. Preparation of the draft ordinance included a review of a number of other cities' ordinances, including the Cities of San Francisco, Huntington Beach, Santa Monica, and Long Beach. Components of the proposed changes to the Ordinance were presented to the Economic Development, Infrastructure, Budget & Technology Council Committee at its May 14, 2018, meeting. Staff has also coordinated with and received input from wireless telecommunication providers on the proposed set of regulations. 50A-2