Summary The Legislature of the State of Florida, effective July 1, 2017, amended Florida Statute 337.401 by adding Section (7) allowing wireless facilities including micro and small wireless facilities (SWFs) to be located in the public rights of way. It is contemplated in the statute and is the standard practice in the industry that that such facilities will be collocated on public electric distribution utility poles.
The City of Alachua is in the process of undergrounding all electric distribution and other utility lines where not prohibited by cost or other barrier.
The City is in the process of evaluating its current pole attachment agreement, including the charge imposed for each third party collocation, and, now is confronted with the added complexity presented by the cited statutory changes to include the collocation of small wireless facilities. A SWF installation is not effective, according to the latest industry information available, unless located above ground and elevated.
Further, there are two matters currently being heard before the Federal Communications Commission (FCC), WT Docket No. 16-421, Streamlining Deployment of Small Cell Infrastructure by Improving Wireless Facility Deployment and Docket No. 17-79, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment. The FCC has solicited comments from interested parties and matters raised suggest the commission may include and order preemption of state and local governance of Telecommunications Companies Placing or Maintaining Telecommunications Facilities in City Rights of Way to and including criteria for setting terms conditions and charges for pole attachment agreements (see the attached notice of ex parte communication from counsel for the Petitioner dated 11-13-17 setting forth a summary of the relief sought).
A search of the FCC file reflects no Commission action through 1-2-18 and that the case has generated 1,045 filings as of 11-3-17.
The unresolved matters before the FCC, other state and federal law and regulations present potential conflicts to as yet undeveloped City changes to its Ordinances and it may be necessary for the City to retain a Telecommunications consultant to address the challenges presented. City staff recommends a six month Moratorium on the acceptance, review, processing and approval of applications for wireless facilities including small wireless, micro wireless facilities and utility poles for collocation of small wireless facilities in any City Right of Way in order for staff to prepare and present the required changes. Further, staff recommends the Commission provide for a one time six month extension of the Moratorium in the event added time is found necessary.
Passed on first reading December 11, 2017 by a vote of 4-0, Commissioner Wilford absent. |