REPORT TO COUNCIL
SUBJECT
Title
Authorize the City Manager or his Designee to Execute a Small Cell License Agreement with Crown Castle Fiber LLC, Delegate Authority for Term Extensions, and Find the Project Categorically Exempt Under the California Environmental Quality Act (CEQA)
Report
BACKGROUND
Federal Communications Commission Rules
The Federal Communications Commission ("FCC") has jurisdiction over interstate telecommunications facilities. On September 26, 2018, the FCC voted to approve a declaratory ruling and order (FCC Order 18-133) enacting new regulations over small cell wireless facility deployment and management of local rights of way.
The Order, which went into effect on January 14, 2019, preempts and limits cities' ability to regulate the use of city-owned vertical infrastructure for small cell facilities in several important ways, including:
* Reducing the time limit for cities to process applications for small cells to either 60 or 90 days, depending on whether they are being mounted on an existing or new structure;
* Limiting application fees and rents for access to the rights-of-way and municipal infrastructure to cost-based rates, and establishing safe harbor amounts;
* Limiting aesthetic review and requirements (including undergrounding and historic/environmental requirements) to those that are "reasonable," objective and comparable to requirements for other rights of way users; and
* Requiring cities to publish such aesthetic requirements in advance.
The regulations severely limit the City's ability to negotiate favorable terms for leasing its vertical infrastructure to carriers.
Master License Agreements
On May 21, 2019, Council approved RTC No. 19-0523 authorizing the City Manager or his designee to execute a small cell license agreement with Cingular Wireless PCS, LLC, dba AT&T Wireless (AT&T). The AT&T agreement was drafted to serve as a template Master License Agreement (MLA) to provide a consistent and comprehensive appr...
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