AgdaPkt 2018-12-17 Joint Special

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6.H. - Page 3 of 26 As a result of the FCC's action, the City needs to address wireless deployments in the ROW consistent with the new federal regulations. Given the effective date of January 14, 2019, staff recommends that the City Council adopt an urgency ordinance (Attachment A) and introduce an ordinance (Attachment 6), each of which would add Article VIII, "Wireless Facilities in Public Rights -of -Way," to Chapter 29 of the Municipal Code (Attachment C). Staff also recommends that the City Council adopt a resolution establishing aesthetic standards for wireless facilities in the ROW (Attachment D). I_1►1_1%*IV Current industry predictions indicate that the next wave of wireless facility deployment — 5G — will involve $275 billion in investment over the next decade, with the vast majority of these new facilities anticipated to be placed in the ROW. Many cities in California, including Redwood City, are receiving an increased number of wireless facility permit applications and requests to attach equipment to municipal property. As 5G deployment programs are rolled out in 2019, this activity will only escalate. Carriers have signaled that they intend to exercise the rights they believe the FCC granted them and their rights under California law. California law and regulation allows mobile carriers to install poles and other equipment in the ROW. A mobile carrier has the same right to install facilities in the ROW as a wireline telephone company or an electric utility. If mobile carriers cannot use City assets, they may attempt to install their own utility poles, even in areas where other utilities have been relocated underground. This is just one example of why it is important for the City to adopt standards ahead of the effective date of the FCC ruling to prepare for the next wave of wireless facility deployment. The intent of the FCC ruling is to give mobile carriers greater authority to use streetlight and utility poles. One interpretation of the ruling, favored by mobile carriers, is that they only need to apply for an encroachment permit to attach equipment to a city -owned pole (which is defined as an existing facility in the ruling). Accordingly, if the permit is not granted or denied within the limited scope offered by the decision, the carrier would be entitled to a legal presumption that the City is prohibiting or effectively prohibiting the installation, giving the carrier a superior negotiating position. The FCC's ruling does not require local governments to use the same standards, aesthetic or otherwise, for streetlight poles and utility poles, for example. The fact that an electric company may install an unsightly transformer on a utility pole does not give a mobile carrier the right to attach equally unsightly equipment on a streetlight pole. However, any standard established for streetlight poles or other specific types of municipal assets must be applied to all utility infrastructure, and not just to wireless facilities. Attachment A establishes the City's aesthetic standards that are required for installations in the ROW. The FCC ruling does not relieve the City of its obligations to protect public safety, maintain community aesthetic standards, insure against potential liabilities, or provide clear operational processes to employees, tenants and the public. For installations not on City -owned property, the City establishes a regulatory framework and aesthetic standards through the attached ordinance and resolution. For installations on City -owned property, the City will require a carrier to enter into a master license agreement (MLA) prior to the approval of a wireless encroachment permit application. The MLA further City of Redwood City 1017 Middlefield Road, Redwood City, CA. 94063 Tel: 650-780-7000 www.redwoodcity.org 369