Title
Ordinance to Establish the Small Wireless Facilities License by Creating New Chapter 5C of the Phoenix City Code and to Establish an Effective Date (Ordinance G-6407)
Description
Request City Council to adopt an ordinance to establish the small wireless facilities license by creating new chapter 5C of the Phoenix City Code, and to establish an effective date of Feb. 9, 2018.
Report
Summary
On June 12, 2012, the City Council adopted Ordinance S-39043 that established the current rates and fees for the installation of wireless equipment in public right-of-way and authorized the City Manager to grant licenses for wireless equipment. Currently, there are approximately 150 sites with small wireless facilities (SWF) that have been authorized in Phoenix right-of-way under this ordinance.
On Aug. 9, 2017, House Bill 2365 (HB 2365) became law, which makes the installation of SWF in right-of-way a matter of right, provides strict timelines for application and permitting of installations, and significantly restricts the rates and fees the City may charge wireless providers for the use of City right-of-way. The law impacts Arizona Revised Statutes sections 9-591 through 9-599, and applies to cities and counties throughout the State. The bill grants cities and counties until Feb. 9, 2018, to establish and publish rates, fees and procedures for SWF installations and to come into compliance with state law.
The new state law grants authority for wireless providers to locate SWF in the right-of-way on four categories of infrastructure:
1. Installations on existing traffic signal, street light, or other utility poles in the right-of-way;
2. Installations on existing traffic signal, street light, or other utility poles in the right-of-way that must be modified or replaced to accommodate the installation of SWF;
3. Installations that will include a new utility pole in the right-of-way; and
4. Installations that will include a new large monopole (more than 50’ tall and up to 40” in diameter at ground level) in the right-of-way.
SWF installations consist of two components: the antenna and related equipment. Although the antenna is pole-mounted, other equipment may be installed on the ground adjacent to the pole or mounted on or inside the pole. The antenna and equipment sizes and placement vary between wireless providers.
The recommended ordinance will establish the following concerning SWF in City right-of-way:
1. Purpose and findings for the installations;
2. Authority for licensing;
3. Definitions for relevant terms and key concepts;
4. Licensing or franchising requirements including terms;
5. Rights-of-way permit requirements;
6. Location and relocations terms and conditions;
7. Types of various wireless support structures for these installations;
8. Major procedural requirements related to safety, regulatory compliance, where these structures can be installed, how they will be permitted, key provisions concerning aesthetics (including reasonable spacing, screening, and concealment requirements), and the operation and maintenance requirements;
9. Public notification requirements;
10. Fee structure;
11. Treatment of SWF permitted prior to the effective date of the ordinance changes; and
12. Effective date of Feb. 9, 2018.
Concurrence/Previous Council Action
On Jan. 9, 2018, this matter was presented to the Transportation and Infrastructure subcommittee for recommendation to the City Council approval.
On Nov. 14, 2017 and Oct. 10, 2017, City staff presented information to the Transportation and Infrastructure subcommittee on the new state law concerning wireless communications facilities in City right-of-way and on proposed ordinance changes, including fees and rates.
On Jun. 12, 2012, City Council adopted Ordinance S-39043, which established the current rates and fees for the installation of wireless equipment in public right-of-way and authorized the City Manager to grant licenses for wireless equipment.
Public Outreach
The Street Transportation Department (and representatives of other City departments) held five stakeholder group meetings between November 2017 and January 2018 with representatives of the wireless industry to discuss the new state law and the City's proposed ordinance changes.
Department
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street Transportation Department.