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Item 7.
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| City Council Regular | |
| Date: | 10/09/2023 |
| Title: | Resolution for Managing Deployment of Small Cell Facilities in the Right of Way |
| Presented by: | Debi Meling |
| Department: | Public Works |
| Presentation: | Yes |
| Legal Review: | Yes |
| Project Number: | N/A |
RECOMMENDATION
Staff recommends that City Council approve the resolution for managing deployment of small cell facilities in the right of way.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
There is a potential for requests for small cell facilities to be installed within the right of way. A resolution is being proposed that directs the City Administrator to develop and publish uniform standards managing the deployment of small cell wireless facilities in the public rights-of-way; to develop an encroachment permit application form and procedures for submission of applications for deployment or modification of small cell wireless facilities in the public rights-of-way; to develop a license agreement which permitee shall enter into with the City prior to constructing, attaching, or operating a small cell wireless facility on city infrastructure in the public rights-of-way; to take such other steps as may be required to timely act upon applications for placement of wireless facilities, including issuing written decisions and entering into tolling agreements to mutually extend the time for action on an application.
In addition to the resolution, city staff has developed language to add to Billings, MT City Code (BMCC) Section 22-407, Encroachment permit required, to require installers to apply for an encroachment permit and enter into a license agreement before installing the facilities. The first reading of the ordinance is on this same City Council agenda for approval. The resolution in addition to the modified ordinance language will enable the City to effectively manage the deployment of small cell facilities in the rights of way.
In addition to the resolution, city staff has developed language to add to Billings, MT City Code (BMCC) Section 22-407, Encroachment permit required, to require installers to apply for an encroachment permit and enter into a license agreement before installing the facilities. The first reading of the ordinance is on this same City Council agenda for approval. The resolution in addition to the modified ordinance language will enable the City to effectively manage the deployment of small cell facilities in the rights of way.
ALTERNATIVES
City Council may:
- Approve the resolution; or,
- Not approve the resolution. If the resolution is not approved, small cell facilities will be installed in the right of way without design standards, license agreement or encroachment permits.
FISCAL EFFECTS
There are no direct fiscal effects with the approval of this resolution. The permit fees will be included in future right of way permit resolutions. The cost to not approving the resolution would be in the form of added cost to the city to manage improperly installed facilities.