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Page 2 <br />B. New/Updated Ordinance <br />Cities are allowed to exercise their authority in managing where and how these facilities <br />occupy the right-of-way through their ordinances. The small cell discussion is strictly limited <br />to requests within the right-of-way, thus cities have the option to simply update their existing <br />right-of-way ordinance, or create a separate telecommunications ordinance. Upon evaluating <br />the statute as it pertains the Hugo, the City could simply update its existing right-of-way <br />ordinance to incorporate criteria for small cell technologies. <br />C. Small Cells Permit <br />In addition to updating its ordinance, the City must have a small cells permit in place by <br />November 30, 2017. This permit will complement the City's existing ROW, obstruction, and <br />excavation permits, and will gather relevant information on the applicant and construction <br />process. <br />D. Leasing and Colocation <br />Small cells facilities that collocate on existing structures may be subject to pay rent of up to <br />$150 per year, with an additional $25 fee for maintenance. One challenge quickly identified <br />by staff is Hugo's lack of City -owned structures in the ROW. The majority of structures i.e. <br />light poles and power lines are owned privately by XCEL and Connexus Energy. The City <br />will determine how to manage requests for colocation on these structures, and will provide <br />colocation agreements for structures owned by the City. A draft of such agreement must be <br />provided by November 30, 2017. <br />3. CONCLUSION/RECOMMENDATION: <br />Small cell providers have new authority to locate equipment in the right-of-way. As our <br />consumption of cellular data continues to increase, we can expect more requests for new <br />facilities. Changes to the ordinance and a new permit will allow the City to have more control <br />over where and how small cell providers install new equipment. Staff is seeking approval to <br />execute the following: <br />1. Update the Zoning and Right -of -Way Ordinances as necessary <br />2. Develop a new Small Cells permit for facilities in the ROW <br />3. Draft a colocation agreement for small cells in the ROW <br />Attachments: <br />1. League of Minnesota Citites Small Cells FAQ <br />2 <br />