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REQUEST FOR COUNCIL CONSIDERATION Meeting Date: March 26, 2019 Proposed Small Wireless Facility Ordinance OVERVIEW: In front of you this evening is the proposed creation of Chapter 98 Small Wireless Facilities. In addition proposed changes to Chapter 96 Right of Way Management and Chapter 33 License and Permit Fees to ensure all chapters coincide The next generation of wireless services (called 5G) will require wireless providers to install a large amount of lower hanging antennas that are connected to fiber optic cable allowing wireless providers to provide significantly higher internet speeds. The facilities needed to provide 5G service are called small wireless facilities. The use of the word small is used to describe the area covered by each antenna, not the size of the facilities. Small wireless facilities include antennae, equipment cabinets, vertical conduit, power supplies, etc. Typically, small wireless facilities are attached to utilities poles, such as a light pole in the public right-of-way. Over the past 2 years, the Minnesota legislature enacted a new small wireless facility law and the Federal Communications Commission (FCC) has released a small wireless facility order. These actions have placed new restrictions on how cities may handle applications to install small cell facilities. These restrictions include review and approval deadlines and limitations on fees. The following is a high level summary of the small wireless facility ordinance: • Requires all wireless providers to obtain a small wireless facility permit from Public Works prior to installing any small wireless facilities in the City. • Directs the Director of Public Works to develop a permit application form, and additional design standards, construction standards, aesthetic standards (attached Resolution) and other permit requirements. • Sets initial general standards for small wireless facilities. • Sets forth the application process from start to finish. • Mandatory conditions for all permits. • The term of all small wireless facility permits. • The process to deny or revoke a small wireless facility permit, including an appeal to the City Council or the Council’s designee. 32