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File #: 17-045    Version: 1 Name:
Type: Memo Status: Filed
File created: 2/2/2017 In control: Town Council
On agenda: 2/9/2017 Final action: 2/9/2017
Title: Discussion of Small Cell Legislation and Related Policy Issues
Sponsors: Town Council
Attachments: 1. SB1214, 2. HB2365, 3. Small Cell Legislative Analysis 1-30-17, 4. Small Cell Policy Priorities, 5. Pictures of Small Cells
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 insta...

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