TO: Mayor and Town Council
FROM: Debby Robberson, Assistant Town Attorney
Andrew Miller, Town Attorney
DATE: May 9, 2019
CONTACT:
Staff Contact
Andrew Miller, 480-348-3591
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AGENDA TITLE:
Title
Discussion and Direction regarding Master License Agreement for Small Wireless Facilities in the Public Right-of-Way ("MLA")
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Background
BACKGROUND:
At its Executive Session on March 14, 2019 the Council received legal advice on issues relating to adoption of an MLA for Small Wireless Facilities ("SWF") in the Public Right-of-Way. This Work Study Session is for Council to review the draft MLA and to provide direction on any suggested revisions.
Master License Agreement for Small Wireless Facilities in the Public Right-of-Way
A. STATUTORY REQUIREMENTS
In 2017, the state legislature enacted comprehensive legislation regarding use of public right-of-way ("ROW") by a wireless provider (see A.R.S. ? 9-591 et seq.; the "SWF Legislation"). In response, in August of 2017, the Town Council took the following actions to implement certain statutory requirements:
* Revised Town Code Section 2-5-2 by adding subsection I "Small Wireless Service Facilities Located in the Rights-of-Way;" and
* Amended the Special Use Permit section of the Zoning Ordinance, Section 1102.2(E), regarding Utility Poles
* Adopted fees consistent with the SWF Legislation
These revisions implemented the required non-zoning (administrative) approval process for applications for small wireless facilities located in the Town's ROW, revised Town requirements for SWFs to replace utility poles, and implemented the statutorily-mandated fees for use of the ROW for SWFs).
A separate requirement of the 2017 SWF Legislation is to make available standard terms for use of the public ROW for SWFs. The Town intends to set forth its standard terms and conditions by adopting a "Master License Agreement for Small Wireless Facilities in the Public Right-of- Way."
B. ADMINISTRATIVE APPROV...
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