12-20-2017 Council Packet - Laserfiche WebLink

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2017 Telecommunications Right-of-Way User Amendments Permitting Process for Small Wireless Facilities Publication Date: August 1, 2017 (For information on related federal laws see LMC Information Memo “Cell Towers, Small Cell Technologies, and Distributed Antenna Systems”) Introduction: On May 30, 2017, Gov. Dayton signed into law a bill1 amending Minnesota’s Telecommunications Right- of-Way User Law2. The amendments cleared up any confusion about whether wireless providers are treated the same as other telecommunications right-of-way users under state law, but created a separate, streamlined permitting system for placement of small wireless facilities on city-owned structures in rights of way. Most of the bill provisions became effective on May 31, 2017, with the exception that the prohibition on moratoria does not take effect until January 1, 2018 for those cities that did not have a right- of-way ordinance in place on or before May 18, 2017, to give those cities an opportunity to enact an ordinance regulating their public rights-of-way. Also, the amendments allow cities to enter collocation agreements with telecommunications right-of-way users, if they choose, as long as the collocation agreement for small wireless facilities is made available in a substantially complete form no later than six months after the effective date of this act or three months after receiving a small wireless facility permit application from a wireless service provider. Where can I read the new law? Until revisions of the state statute occur to include bills passed this session, cities can find the amendments at 2017 Laws, Chapter 94. Does the law require cities to do anything differently when regulating wireless providers attaching their equipment to city structures in the rights of way? Yes, the amendments create a separate permit process for small wireless facilities. The below checklist was prepared to serve as a guide for cities to use when amending existing telecommunications ordinances, but does necessarily cover all nuances of the new law and should not replace working with city attorneys to draft or amend existing ordinances. What is the purpose of Minnesota’s Telecommunication Right-of-Way User Law? 1 Chapter 94, Article 9 of the 2017 Regular Session, effective May 31, 2017. 2 Minn. Stat. §§ 237.162, 237.163.