Consideration and Adoption of Resolution No. 2018-17:  A resolution of the City Council of the City of Flagstaff, Arizona, approving fees relating to use of the public rights-of-way for small wireless facilities, poles and other facilities, providing for severability, and establishing an effective date.

In 2017 the State Legislature adopted a new law, A.R.S. Section 9-591 et seq.  which became effective February 9, 2018.  The law allows wireless communication providers to collocate "small wireless facilities" on utility poles in local public rights-of-way without zoning review, so long as the facilities do not exceed 40 feet in height (or 50 feet if there is a nearby pole of this height).  The facilities may be collocated on street light poles, traffic signal poles, or other utility poles. The law also provides that monopoles may be located in the right-of-way, subject to zoning review and approval.  

Proposed Resolution No. 2018-17 will establish fees for use of the right-of-way for small wireless facilities, per state law.

The City will incur indirect administrative costs related to allowing collocated wireless facilities in the right-of-way.  The new law allows the City to charge nominal application and use fees.  The proposed fees have been advertised on the City website pursuant to A.R.S. Section 9-499.15. The proposed fees and data to support the fees are attached.  The City originally posted a notice on December 1, 2017; however, due to a posting glitch the notice was reposted on January 4, 2018.  Therefore, the earliest the fees may be adopted is at the March 6, 2018 Council meeting.

Comply with state law.

Improving cell phone/internet networks in the City, and adopting standards for locating wireless facilities in the right-of-way may further the following:

Council Goals:  ECONOMIC DEVELOPMENT:  Strengthen and grow a more resilient economy.

Regional Plan 2030:
Economic Development - Policy ED.2.4., 3.9, 7.5

On January 16, 2018 City Council had a first reading of Ordinance No. 2018-07.
On February 6, 2018 City Council adopted Ordinance No. 2018-07 updating the City Code licensing provisions related to poles and equipment in the public right-of-way, and adopted Resolution No. 2018-01, which provides for licensing, standard terms, and standard design requirements for small wireless facilities in the right-of-way.

1) Adopt Resolution No. 2018-17
2) Amend and adopt Resolution No. 2018-17
3) Not adopt Resolution No. 2018-17

The new law provides that:

• "Small wireless facilities" may be located in the right-of-way without zoning review, so long as the facilities are collocated on a utility pole and the facilities do not exceed 40 feet in height, or up to 50 feet in height if there are taller poles within 500 feet.
• Monopoles may be located in the right-of-way subject to zoning review, i.e. existing zoning and design standards.

The City may require the facilities to comply with applicable codes (such as building codes); regulations to protect public safety (including compliance with federal radio frequency emissions standards); objective design standards; reasonable stealth and concealment requirements; and reasonable spacing requirements (such as utility clearances). 

If a wireless provider seeks to collocate on a City streetlight or traffic signal pole, the provider will need to pay for and erect a replacement pole, certified by a third party engineer for structural integrity.
           
City staff is not planning to amend the Zoning Code. Right-of-way is not considered to be zoned. By virtue of the new law the City will extend its zoning requirements to any application for a monopole in the right-of-way. There are extensive zoning requirements for monopoles in the existing zoning code.

As additional wireless facilities are constructed, there will be increased technical capacity to provide wireless internet and cell phone services at the level sought by the community.

The City's licensing process, standard terms, design standards, and fees for the wireless facilities are similar to what other cities in the Phoenix metropolitan area adopted.  The cities have been working together to implement the law and have received comments from wireless industry representatives such as Verizon and Mobilitie.   

City staff has met with a citizen who is concerned about radio frequency (RF) emissions from wireless facilities. The City will require compliance with federal RF emission standards, but may not impose more restrictive standards.

On Friday, January 19, 2018, the City received an email from Verizon's legal counsel with comments on the prior ordinance, license, standard terms and conditions, and design standards. City staff reviewed those comments and responded to Verizon.