TO: Honorable Mayor & Members of the North Port Commission
FROM: Peter D. Lear, CPA, CGMA, Interim City Manager
TITLE: Resolution 2017-R-13, Notice of Intent to Adopt Regulations Relating to the Use of the City’s Rights-of-Way for Above-Ground Communications Facilities
Recommended Action
Staff recommends approval of Resolution 2017-R-13, providing a notice of intent to adopt regulations relating to the use of the City’s rights-of-way for above-ground communications facilities.
Background Information
On July 26, 2016 staff presented Resolution 2016-R-19 to the City of North Port Commission with an intent to adopt regulations for the use of the City’s rights-of-way for above-ground communications facilities. The City had received several applications for the placement of new communications towers within the City right-of-way and found that the City’s Code of Ordinances does not address these types of technologies.
Since that time, staff has been making progress towards the completion of these regulations, however pending changes in State and Federal law have created a delay in the process. The Florida Senate and House of Representatives recently enrolled the Advanced Wireless Infrastructure Deployment Act, related to local governmental entities’ authority to prescribe and enforce rules or regulations for wireless communications facilities in the right-of-way. These changes were sweeping, and include preemptions for collocation of small wireless facilities, strict guidelines for the approval process time frame, stringent regulations for denial of a facility, and limits on the rates and fees a municipality can charge for use of their facilities (see attachments HB 687 and Advanced Wireless Infrastructure Deployment Act Memo). This bill is awaiting signature from the Governor.
The Federal Communications Commission has also been considering a petition for declaratory ruling and possible ways to streamline deployment of small cell infrastructure, and recently issued two Notices of Proposed Rulemakings addressing local governments’ wireless siting rules and changes in localities’ rights-of-way and pole attachments deployment rules. Because of these pending regulations, staff had to pause work on this project and is requesting additional time to finalize these regulations to ensure that the City follows State and Federal law.
This resolution solidifies the City’s intent to create regulations to address the use of the City’s rights-of-way for above-ground communications facilities. Additionally, it continues the deferral of processing right-of-way permit applications relating to the placement and maintenance of above-ground communications facilities.
Strategic Plan
Top Priority: Unified Land Development Code
Goals: Financially Responsible City Providing Quality Municipal Services
Financial Impact
Not Applicable
Procurement
Attachments:
1. Resolution No. 2017-R-13 Final
2. Resolution No. 2016-R-19
3. HB 687 Enrolled
4. Advanced Wireless Infrastructure Deployment Act - Memo
Prepared by: Nicole Galehouse
Department Director: Scott Williams