Summary The Advanced Wireless Infrastructure Deployment Act (“Act”) (HB687/SB 596) became effective July 1, 2017. It amended Section 337.401, FL Statutes, to address broadband infrastructure in the public rights of way by service providers and infrastructure companies. The Act is very technical and comprehensive. It provides for access to public rights of way for various facilities, including: 1) collocation of small cell facilities on government-owned poles, 2) installation of new poles to accommodate facilities; 3) installation of ground mounted equipment; and 4) installation of micro cells.
The Act sets forth specific procedures local governments must follow to process applications, including a time frame – with some exceptions – of 60 days to act on permit applications and detailed requirements for action. Local governments may require registrations addressing bonds, insurance, abandonment and other matters by ordinance. Further, the Act provides several limited bases to deny applications, including public safety. Further, installation is subject to “applicable codes,” including “local codes or ordinances adopted to implement” the Act as well as “objective design standards adopted by ordinance” that may address reasonable design, material, color, stealth, spacing and location standards for ground mounted equipment and small wireless facilities. In addition, the Act provides that local governments “shall” by the “later of January 1, 2018, or 3 months after receiving a request to collocate its first small wireless facility,” make available, through ordinance or otherwise, rates, fees and terms for the collocation of small wireless facilities which comply with the Act. There are many carve outs that are not subject to various provisions of the Act.
Because the Federal Communications Commission and Congress were considering federal regulations which could impact the Act, the City Commission adopted Ordinance 18-02 establishing a moratorium on wireless communication facilities on January 8, 2018. This Ordinance allowed for a one-time extension of six months. On May 21, 2018, the City Commission authorized the six-month extension of the moratorium allowed under Ordinance 18-02.
Ordinance 19-04 establishes appropriate regulations related to this matter and to comply with all of the new requirements of Florida Statute 337.401. This area of the communications industry is continuing to garner attention and scrutiny at the state and federal level. Therefore, there may be additional state or federal regulations that could be enacted which may require future amendments to the City Code. | | |