On June 26, 2017, the Governor of the State of Florida signed the Advanced Wireless Infrastructure Deployment Act, which subsequently became effective July 1, 2017. The Act, which amends Section 337.401, FL Statutes, addresses broadband infrastructure in the public rights-of-way by service providers and infrastructure companies. It provides for access to public rights-of-way for various facilities, including: 1) collocation of small cell facilities on government-owned poles, 2) installation of new poles to accommodate facilities; 3) installation of ground mounted equipment; and 4) installation of micro cells.
The Act sets forth specific procedures and time frames local governments must follow to process applications. It addresses the right of local governments to require registrations addressing bonds, insurance, abandonment and other matters by ordinance. Further, the Act provides several limited bases to deny applications, including public safety. Further, installation is subject to “applicable codes,” including “local codes or ordinances adopted to implement” the Act as well as “objective design standards adopted by ordinance” that may address reasonable design, material, color, stealth, spacing and location standards for ground mounted equipment and small wireless facilities. In addition, the Act provides that local governments “shall” by the “later of January 1, 2018, or three months after receiving a request to collocate its first small wireless facility,” make available, through ordinance or otherwise, rates, fees and terms for the collocation of small wireless facilities which comply with the Act. There are many carve outs that are not subject to various provisions of the Act.
On July 18, 2017, City Council adopted Ordinance #2017-2120 imposing a 180-day moratorium on wireless facilities in the right-of-way, in order to study the new legislation and prepare this amendment to the Code. The moratorium expires in January, 2018.
Since the Act became effective, many wireless providers and infrastructure companies have been seeking pole attachment agreements and applying for permits to install broadband infrastructure in the rights-of-way in Florida and around the country.
Similar legislation passed in several other states. In addition, the Federal Communications Commission (“FCC”) and Congress are considering federal regulations. The FCC has issued two notices of proposed rulemaking and appointed a committee to address local and state regulations regarding deployment of broadband infrastructure in the rights-of-way.
The City of New Port Richey seeks to create a “Communications Facilities in Public Rights-Of-Way” ordinance, which complies with the Advanced Wireless Infrastructure Deployment Act, while protecting to the extent possible under the provisions of the Act, the ability to create and maintain an economically vibrant and active City, which will attract businesses, residents, visitors and patrons. The City has identified communications facilities and broadband infrastructure as critical to the future growth of the City as communications and related technologies continue to evolve, however, indiscriminate placement and treatment of such facilities can create unsafe, and unsightly conditions for pedestrians and vehicle users of public rights-of-way.
Compatibility with Comprehensive Plan:
The proposal is consistent with the following Comprehensive Plan objectives and policies:
- Livable City Element Objective 1.8 – Public Infrastructure design that contributes to the community aesthetic.
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Livable City Element Policy 1.8.3 – Encourage the use of compact and well-designed utility elements, such as transformers, switching devices, and backflow preventers. Place these elements in locations that will minimize their visual intrusion and buffer with landscaping.
- Livable City Element Goal 3 – Maintain a safe, convenient and aesthetically pleasing transportation network that helps frame and define the community while meeting the needs of pedestrians, bicyclists, and motorists.
- Livable City Element Objective 3.10 – Create and maintain aesthetically pleasing street rights-of-way in partnership with adjacent properties.