HomeMy WebLinkAbout2017.11.06 (4)Changes to Minnesota statute and implications
for the City
Small Cell Facilities in the Right-of-Way
What is a Small Cell Facility?
Macrocell Small Cell
• Small cells are complimentary equipment
to traditional macrocell towers that
provide cellular coverage. These
supplementary facilities boost existing
cellular services to meet data demands.
• As defined: each antenna occupies an
enclosure no more than 6 cubic feet
in size. All other wireless equipment
(concealed from public view) will not
exceed 28 cubic feet.
• Small cell facilities work in a network.
Multiple facilities (usually in a line) are
needed within a 2 mile radius.
Reliance on cellular devices for Internet services has
exploded over the last decade. As demand for cellular
data continues to grow, small cell facilities are key
to insuring existing cellular coverage can provide
enough data.
Why the Law Changed
ROW: Public Ground Created by Roads
Xcel Energy and Connexus own the majority of
light poles and power lines in the ROW.
• Small cell providers were having trouble
gaining access to the ROW because this
technology had never been formally
addressed by Cities.
• Without permitted use, small cell providers
fought with cities over use of the ROW and
often needed the approval of a Conditional
Use Permit (CUP) for each facility.
• Small cell requests were also managed
under the provisions of antenna ordinances
which were drafted for macrocells and lack
relevancy to small cell technologies.
• This made the approval process time
consuming and ambiguous, and lead small
cell providers to push for new legislation
that would grant them permitted use of the
ROW.
New Technologies and Outdated Policies:
Changes to the Law
What Cities CAN Do:What Cities CAN’T Do:
• Manage small cell facilities in the ROW through
a permitting process and ordinances.
• Charge $150 (plus $25 maintenance fee) per
year for collocation agreements on City owned
poles.
• Deny the placement of a small cell facility in
the ROW based on health, safety, and welfare,
or noncompliance with decorative standards.
• Use a 90 day review period to approve/deny
requests from small cell providers.
• Toll the 90 day review period if the City
receives more requests for more than 30
facilities in a single seven day period.
• Approve/deny some but not all of the 15
facilities that can be applied for in a single
application.
• Require the approval of a CUP for ROW uses
in single family residential and historic zoning
districts.
• Discriminate among functionally equivalent
providers.
• Dictate which structures are used other than
those proposed in the application.
• Use Moratoriums to stall the processing or
approval of a small cell permit.
• Impose height and separation restrictions
(other than the 50’ height limit defined by the
statute.
• Require applicant information if the applicant
has submitted a permit in the past, and can
provide that permit’s reference number.
• Require additional permits and fees for the
maintenance or replacement of small cell
facilities.
Conclusion/Recommendation
• Update relevant ordinances as needed to
ensure appropriate control of small cell
facilities in the ROW.
• Create a new permit and draft collocation
agreement for requests from small cell
providers by November 30, 2017.
In response to the new law, the City recognizes the need and requests approval to execute the following: