TO: Mayor Collins and Town Council Members
FROM: Kevin Burke, Town Manager
DATE: February 9, 2017
DEPARTMENT: Town Manager
Staff Contact Kevin Burke, 480-348-3690, Andrew Miller, 408-348-3691,
Dawn Marie Buckland, 480-348-3555
End
AGENDA TITLE:
Title
Discussion of Small Cell Legislation and Related Policy Issues
Body
Council Goals or Other Policies / Statutory Requirements:
Quality of Life - Maintain and improve Paradise Valley quality of life.
RECOMMENDATION:
Recommendation
Receive information and discuss legislative positions and policy guidelines.
Background
SUMMARY STATEMENT:
As part of the January 2016 Quality of Life Initiatives introduced by the Town Council, there was a concern regarding poor cell phone service in the Community. Mayor Collins and Town Manager Burke collected information to better understand what was working and what was not and why. The result, the lack of infrastructure is the root of poor cell service. The solution to greater infrastructure was not determined but the issue was referred to the Planning Commission to explore possible regulatory changes that might facilitate infrastructure development.
Since that time, staff has been made aware of two specific legislative efforts by Cox and the cell phone carriers (i.e. Verizon, T-Mobile, etc) to gain greater access to government owned and operated rights-of-way (ROW) to place their infrastructure - specifically small cell infrastructure. This is incredibly worrisome legislation as it might pre-empt Towns management of the ROW and undo years of work and millions of dollars undergrounding utilities and utility poles. Additionally, the Town was approached by AT&T about a master lease agreement to establish lease rates, terms and design standards for placing their infrastructure in Town ROW. This is certainly the preferred route as it is coupled with a Conditional Use Permit that is approved for each tower by the Planning Commission.
In all of these instances, there is a discussion to be had regarding acceptable design and aesthetics associated with the infrastructure. This is easier to manage when the Town retains control over the ROW, it is less certain what can be accomplished when such use is pre-empted by State law.
This study session will review the pending bills before the State Legislature as well as discuss what small cell policy issues are of greatest priority to the Mayor & Council and how those align with other municipalities.
To that end, the Cox Bill, SB1214 is attached along with HB2365 known as the Small Cell Bill. Director of Administration and Intergovernmental Affairs Dawn Marie Buckland, along with Town Attorney, Andrew Miller, have been extensively involved with discussions on these two bills. Of the two bills, the Cox bill is seen as more agreeable and the League of Cities and Towns is ready to take a neutral or support position. The Small Cell legislation is seen as quite contrary to the interests of municipalities and is currently opposed by the League. Those involved with that discussion have put together a working document that identifies areas of agreement and areas of concern. That is attached for your review.
Also attached, please find a list of policy issues in ranked order that the Mayor & Council will be asked to agree, disagree or edit. This will help guide lobbying activities on these bills.
Lastly, there is a series of photos showing small cell infrastructure attached. These serve as a sort of charrette to help staff understand what might be seen as acceptable to the Town Council and what is unacceptable.
There will be a power Point presentation, however, due to the rapidly changing nature of these legislative bills, it will not be possible to send it out in advance in order to have the latest information at the time of the meeting.
BUDGETARY IMPACT:
Unknown
ATTACHMENT(S):
SB1214
HB2365
Proposed Small Cell Legislation Analysis
Pictures of DAS & Small Cells
Possible Policy Priorities