To: Honorable Mayor and Members of Town Council
From: Donna Ferguson, Senior Planner, Development Services
Brad Boland, Planner II, Development Services
Title
Town Wireless Update
Body
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Executive Summary
At the July 17, 2018 Council meeting, Town staff was directed to provide an update on the progress of Small Cell deployment in the Town. To provide a comprehensive update Town staff is providing an update on efforts for both types of Wireless Cellular Facilities (WCFs); Macro Facilities and Small Cell Facilities as they work hand in hand to provide cellular service to the Town residents. Macro Cell Facilities provide the overarching network coverage while Small Cell Facilities provide capacity within the network.
Staff worked with the wireless providers through the drafting of the new wireless code that was approved in June and continues to work with the providers in the deployment of their WCFs. This includes working with the providers in identifying administrative approval opportunities for Macro Facilities, drafting of the master lease agreement for Small Cell deployment in ROW, and installing Small Cell Facilities on Town owned property. Through these activities Town staff has identified the lease approval process as an opportunity to create a more efficient overall approval process for WCFs located on Town owned property. Four potential lease approval processes have been provided for review and Town staff is seeking Town Council direction.
Background
Macro Cell Facility Deployment
Wireless providers are still looking to deploy Macro Cell Facilities in the Town (private and public property) to provide the overall coverage needed to provide service to residents. Macro Cell Facilities can be in the form of the stereotypical tower or an alternative type of facility that is concealed and incorporated on an existing building. In order to provide an incentive to providers to deploy theses alternative facilities, the new wireless code provides a pathway to administrative review. Administrative review may be granted if the Macro Cell Facility is located on an existing building, is fully screened, and provides a high level of concealment. Town staff has already seen providers adjusting their designs so that they may qualify for the administrative review process.
Small Cell Deployment in Right of Way
Each provider will be required to enter into a master lease agreement in order to deploy their Small Cell Facilities in Town ROW. The Town has a model lease agreement that is provided to each provider. As it is a model agreement, it is anticipated that each provider will want to negotiate some specific modifications to the agreement to satisfy their unique needs. Providers will also be required to enter into a pole attachment agreement if they wish to locate their facilities on town infrastructure (light poles and traffic signals).
Town staff has asked the four major providers on what their intended time lines for Small Cell in ROW deployment and have received the following responses.
AT & T - AT & T representatives have informed Town staff that they do not have any information in regards to their time line at this time. They are constantly evaluating their build plan and will reach out to Town staff when they are ready to move forward.
Sprint - Sprint has commissioned Zayo to deploy their Small Cell network. Town staff has met with representatives from Zayo to identify appropriate Small Cell locations in the Town. Town staff and Zayo will continue to work together through the master lease agreement, pole attachment agreement and permitting processing.
T-Mobile - T-Mobile does not have an identified time line for Small Cell deployment in the Town. At this time T-Mobile is focusing on increasing their coverage through Macro Cell Facilities.
Verizon - Town staff and Verizon representatives have been in close contact through the wireless code update. Town staff will continue to work with Verizon through the master lease agreement and permitting processing. It is Town staff’s understanding that Verizon’s deployment plan is the most comprehensive at this time.
Small Cell Deployment outside of Right of Way
Small Cell Facilities can also be located outside of the Right-of-Way on Town owned property. Examples of this type of deployment are Verizon’s facilities at Philip S. Miller Park and Butterfield Park. The new wireless code allows Small Cell Facilities located outside of the right-of-way to be approved administratively. If located on Town owned property approval is contingent on a lease approved by Town Council. Currently, Town staff has been working with a provider to deploy Small Cell Facilities in two parks in Town and negotiation of the lease terms are underway.
Next Steps
WCFs (Small Cell or Macro Cell Facilities) on Town owned property requires two different approvals. The first approval is the approval of a lease. The Municipal Code requires that the leasing of Town owned property for a duration longer than one year be approved by ordinance, requiring two readings and a 30 day referendum period. WCFs leases are typically for 10 years with multiple renewal options, requiring the lease to be approved by ordinance. The second approval is land use approval. Depending on the type of WCF the land use approval is either reviewed and approved administratively or reviewed and approved by Town Council via resolution, which requires one reading.
An important part of the new wireless code is that the Town shall act as the property owner first and the land use approval body second. To ensure that these roles are not confused, the land use approval cannot be officially granted until the approval of the lease, which requires two readings and 30 day referendum period. Town staff has identified the lease approval as a function that can be streamlined in the overall approval process. Town staff is seeking feedback from Town Council on their preferred lease approval process, with staff providing four options:
1. Lease approval remains through ordinance. (~12 weeks of additional time) (No further action needed).
2. Lease approval is granted by resolution, requiring one reading (~6 weeks additional time).
3. Lease approval authority is granted to the Town Manager (no additional time).
4. Lease approval method follows the land use approval (no additional time).
• If land use approval is administrative, the Town Manager may approve.
• If land use approval is granted by Town Council, the lease shall be approved by Town Council.
Staff will return to Town Council with the appropriate proposed code changes dependent on the option chosen.
Staff Recommendation
Town staff recommends that a code change reflecting option four be drafted.
Proposed Motion
“I move to direct staff to draft a proposed code change in accordance with option………”