To: Honorable Mayor and Members of Town Council
From: Matt Gohl, Special Projects Manager
Thru: David L. Corliss, Town Manager
Title
Update: Wireless Cellular Facilities
Body
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Executive Summary
In 2018, the Town’s Wireless Code was revised to align with updated State and Federal regulations. Additionally, processes for handling applications for new wireless communication facilities (WCFs) were streamlined. As the Town grows, so do the demands for cellular coverage in the community. Providers, driven by market demand, are responsible for determining technology, location and timing for installation of new WCFs.
The discussion that follows provides a brief update of the Town’s approach to handling WCFs in the community, plus information regarding existing and proposed wireless communication facilities within Town boundaries. Periodic updates will be provided to Town Council in the future as well.
Discussion
Background
Town Council, in 2018, approved updates to the Town’s Wireless Code. In addition to ensuring compliance with Federal and State regulations, updates to the wireless code provided accommodation for small cell technology in the right-of-way. Along with compliance to the updated Code, wireless providers utilizing Town right-of-way will be required to enter into a Master License Agreement with the Town that has additional standards and requirements for design, operations and fees.
Staff is currently working with outside legal counsel to evaluate the existing 2018 Wireless Code. The purpose of this review is to ensure that the Code represents the most recent best practices and remains in alignment with federal regulations. The Town received initial comments in October and is reviewing them at this time. Any proposed changes to the Town’s Wireless Code will be presented to Town Council for approval in the future.
Wireless Communication Facilities (WCFs) include macro and small cell technologies. Macro facilities are larger scale sites, typically stand-alone towers or rooftop locations, which provide larger scale cellular coverage. A small cell facility is defined as a wireless facility in which an antenna would fit into an enclosure that does not exceed three cubic feet in volume. These facilities are most commonly placed on light poles or traffic signals and are used to expand capacity of the overall network. More information about small cell WCFs can be found in Attachment A.
Town Wireless Communication Facilities
When a provider requests installation of a new WCF within Castle Rock, approval can be either administrative or by Council action dependent on the required land use approval process for the specific wireless communication facility. For WCFs located on Town property (outside of right-of-way), the Town will act as a property owner first and land use regulator second. The Town acting as the property owner, rather than the land use regulator, has much more discretion in making a decision about locating wireless communication facilities on a specific Town property. Site locations within Town-owned right-of-way go through a permitting process managed by the Town’s Development Review Team.
The Town currently has three master license agreements (MLA) in place with Verizon and infrastructure providers Zayo Group and SQF. MLAs provide a base agreement with providers that stipulate standards for design, operation, applicable fees, and expedite the application process for small cell locations in the right-of-way.
There are currently 19 WCFs within Town boundaries including 10 macro and nine small cell facilities. None of the existing small cell facilities are located in right-of-way. There are applications in process for seven small cell sites in Castle Rock and one application related to an existing tower on Reservoir Road. Timing is unknown for the installation of the proposed infrastructure. Once the Town approves the addition of a new WCF, the actual construction timeline is determined by the provider.
At the May 19, 2020 Town Council meeting, staff sought direction regarding a request from American Tower to increase the height of an existing cell tower, located on Town property at 1582 Reservoir Road, twenty feet to accommodate the addition of AT & T on to the tower. Town Council directed staff to work with American Tower towards an agreement for the increase that would be brought back to Town Council for review and decision. American Tower has submitted plans for the height increase which are currently in the review process with staff and has also approached the Town about extending the lease with the Town for the tower facility. Staff and American Tower have completed the proposed lease extension and are working on an updated sublease for Town equipment on the tower. The height increase and lease extension will be brought before Town Council at a future Town Council meeting for consideration.
Town staff is prepared and ready to assist wireless providers with infrastructure applications and will continue to follow approved Code requirements to ensure timely responses to all applications and safe construction of any approved wireless site. Since 2016, the Town has received 34 applications for wireless infrastructure including updates to existing infrastructure (such as antenna replacements) or new cell sites. The following table summarizes the applications by status with counts shown by the date of the application.
Table 1: 2016 - 2021 WCF Application Status
Seven applications for Verizon small cell facilities were submitted in March 2020 and are still under review. Upon receipt of Town comments in 2020 the applicant allowed the applications to remain dormant until July 2021. Plans have been reviewed by the Town and are currently with Verizon for required revisions. Town staff has met all prescribed review timeframes throughout the review process.
Staff has developed a map that is available at www.CRgov.com/cellsites to show locations of current and proposed WCFs. A sample of this map is shown below.
Conclusion
While the Town has little control over the wireless infrastructure in Castle Rock due to federal laws and market forces, staff continues to monitor cell site applications in the community. Staff will continue to ensure that infrastructure is permitted and constructed properly according to Town procedures. Periodic updates will be provided in the future in an effort to keep Town Council apprised of any updates and changes regarding cell site in Castle Rock.
Attachments
ATTACHMENT A: Small Cell Technology FAQ