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WS – Item 8 WORK SESSION STAFF REPORT Work Session Item No. 8 Date: October 2, 2017 To: City Council From: Jeff Karlson Re: 2017 Telecommunications Right-of-Way User Amendments Background On May 30, 2017, Governor Dayton signed into law a bill amending Minnesota’s Telecommunications Right-of-Way User Law, which streamlines the permitting process for placement of small wireless facilities on municipal rights of way. The new legislation allows telecommunications right-of-way users to construct, maintain, and operate small wireless facilities on any public right-of-way, but subjects those users to local regulations by cities to manage their rights of way and to recover management costs. During the North Metro Telecommunications Committee meeting on September 20 (which Councilmember Maher attended), Mike Bradley, legal counsel for NMTC, talked about the rollout of 5G technology and the use of small cell antennas. Wireless companies are rolling out a new generation of wireless services called 5G, which will rely on a lot more antennas to bring services closer to urban areas. All these antennas will be connected to more fiber so that 1 gig service can be available to all customers. To do that companies will need to access utility poles, light poles, traffic signals, and even stop signs and other public property that are in the public right-of-way. It is incumbent upon the City Council to adopt an ordinance that will regulate the placement of cell towers, small wireless facilities, and other telecommunications equipment. Mr. Bradley was at a League of Minnesota Cities task force meeting and found out that the League is not putting together a model ordinance to address the new law. That means cities are going to have to prepare their own ordinances. The new legislation also requires the drafting of a model lease agreement for use of the public property in the public right-of-way. Bradley’s clients have expressed interest in having him draft a model ordinance and lease agreement, which he could prepare at a reasonable cost to participating cities. Attachments LMC Information Memo