AgdaPkt 2014-01-13 Interview, Closed and Regular

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7.1.E. - Page 1 REPORT To the Honorable Mayor and City Council from the Council Utilities Committee January 13, 2014 SUBJECT File comments with the FCC advocating for wireless facility rules that are more deferential to local decision - making instead of those currently proposed RECOMMENDATION By motion, authorize City Attorney to retain Best, Best & Krieger to file comments with the FCC on behalf of Redwood City, consent to filing with a coalition of communities, and authorize a $10,000 budget. BACKGROUND On February 8, 1996, Congress enacted the Telecommunications Act, which in part establishes a framework for the exercise of local jurisdiction in the regulation of wireless telecommunications facilities. The underlying policy of this federal law is to promote competition among providers but provide some authority to local jurisdictions. The regulations provide that a city cannot prevent the growth of the industry in its jurisdiction by adopting laws that in effect preclude the provision of wireless services or discriminate against functionally equivalent service providers. Also a city cannot deny a project based on radio frequency (RF) concerns if the facility complies with federal emission standards. However, a city can generally regulate the location, placement, and construction of wireless facilities based on visual, aesthetic, or safety concerns. Periodically, Redwood City receives applications for wireless telecommunications facilities to be placed either upon private or public property. Redwood City regulates wireless facilities in conformance with these federal limitations pursuant to Zoning Ordinance Article 38 by requiring a use permit in most zoning districts as approved by the zoning administrator. Wireless facilities are allowed by right in industrial zoned districts provided they meet the City's requirements such as height, setback, and distance requirements. The City also requires a lease for facilities on City property. ANALYSIS The Council Utilities Subcommittee has been monitoring Federal Communications Commission (FCC) proposed new rules that, if adopted in the current form, may substantially limit municipal authority to control wireless facility placements in the City. The FCC's Notice of Proposed Rulemaking (NPRM), In re Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies, WT Docket No. 13 -238, FCC 13 -122 (9/26/2013), may be largely targeted at streamlining the process for considering applications for collocation of wireless antennas and modifications of base