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RESOLUTION NO. 2017-05-_______ <br /> <br />RESOLUTION OPPOSING PROPOSED LEGISTION HF739/SF561 <br />REGARDING UNREGULATED ACCESS TO PUBLIC RIGHT-OF-WAY <br />FOR INSTALLATION OF SMALL CELL WIRELESS EQUIPMENT <br />AND DISTRIBUTED ANTENNA SYSTEMS <br /> <br /> <br />WHEREAS, the City of Little Canada has enacted comprehensive ordinances contained <br />in Chapter 2302 of the City code detailing the City’s processes for regulation of utility placement <br />of facilities in the public right-of-way; <br /> <br />WHEREAS, legislation has been proposed in the Minnesota Legislature, HF739/SF561 <br />(“Bill”), that would allow wireless companies to install small cell facility networks in public <br />rights-of-way that significantly limits existing local authority to regulate utility facility <br />placement within the public right-of-way; <br /> <br />WHEREAS, the Bill’s grant of wireless facility access to the public right-of-way under <br />Minnesota Statutes, Sections 237.162 and 237.163 establishes a new class of utilities for wireless <br />that would cause confusion because of different approval processes, possible competitiveness <br />unfairness, and may result in new wireless installations in public right-of-way that jeopardize <br />public safety; <br /> <br />WHEREAS, the City of Little Canada currently receives reasonable compensation for <br />utility installations on City-owned poles, facilities, or other assets in the public right-of-way and <br />the public’s right to such compensation for use of City right-of-way assets would be eliminated <br />by the Bill; <br /> <br />WHEREAS, the Bill limits existing City right-of-way management rights and supersedes <br />zoning ordinances otherwise applicable to wireless installations in public rights-of-way; and <br /> <br />WHEREAS, the League of Minnesota Cities has prepared a bill that allows right-of-way <br />access that wireless providers seeks while preserving City management authority that has been <br />employed successfully under Sections 237.162 and 237.163 for 20 years with all other utilities <br />placing facilities in the right-of-way. <br /> <br />NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Little <br />Canada, Minnesota, that the City of Little Canada does hereby oppose the Bill, HF739/SF561, <br />regarding access to public rights-of-way for installation of small cell wireless equipment and <br />distributed antenna systems. <br /> <br />Adopted this 10th day of May, 2017 with a vote of ___ ayes and ___ nays. <br /> <br /> <br />By: ___________________________ <br /> John T. Keis, Mayor <br />Attest: __________________________ <br /> Joel Hanson, City Administrator <br />34