Item Coversheet
      

5919 MAIN STREET .  NEW PORT RICHEY, FL 34652 . 727.853.1016


TO:City of New Port Richey City Council
FROM:Debbie L. Manns, City Manager
DATE:7/5/2017
RE:First Reading, Ordinance No. 2017-2120 Temporary Moratorium on Wireless Facilities in Public Rights-of-Way

REQUEST:
The request is for City Council to conduct a first reading on Ordinance No. 2017-2120 to impose a temporary moratorium on wireless facilities in public rights-of-way.


DISCUSSION
:

On April 4, 2017 City Council adopted Resolution No. 2017-15 which stated the City's opposition to then-HB 687 regarding wireless communication facilities.  Since that time, the Bill moved through the legislature, was signed by the Governor and became Section 2017-136 in the Laws of Florida on July 1, 2017.  The new law, entitled the "Advanced Wireless Infrastructure Deployment Act," establishes a process by which wireless providers may place certain “small wireless facilities” on, under, within, or adjacent to certain utility poles or wireless support structures within public rights-of-way that are under the jurisdiction and control of an “authority” (i.e., a county or municipality.)  The law provides that the City may not prohibit, regulate, or charge for the collocation of small wireless facilities in the public rights-of-way, except as specified in the legislation.

 

Due to the impacts that this new law may have in our community, staff is requesting that City Council impose a temporary moratorium for 180 days in order to allow staff sufficient time to study the new legislation and prepare any amendments to the City's Code of Ordinances as needed.  The moratorium would be effective immediately and would expire on January 3, 2018.  A copy of the legislation is attached to this agenda item for City Council's review.



RECOMMENDATION:

Staff recommends that City Council conduct the first reading of Ordinance No. 2017-2120 imposing a temporary moratorium on wireless facilities in public rights-of-way as submitted.

BUDGET/FISCAL IMPACT:

No funding is required for this item at this time. 
ATTACHMENTS:
DescriptionType
Ordinance No. 2017-2120 Temporary Moratorium for Wireless FacilitiesOrdinance
Section 2017-136 Laws of FloridaBackup Material