Discussion:
Background
During the 2017 legislative session, the telecommunications industry sought to gain access to city rights-of-way (ROW) and city structures within those ROW for small cell wireless facilities. They were successful, and the new law grants access to use the ROW and city poles and structures within the ROW throughout the city.
In response, the League of Minnesota Cities provided recommended language revisions to the League's model ROW ordinance that reflects the language from the new provisions in Minnesota Statute, Sections 237.12 and 237.163 as expanded in the 2017 Legislative Session to allow for the deployment of small wireless facilities in the ROW. The League's original model ROW ordinance was used as the basis of the city's current ROW ordinance, which was last adopted in 2000. Using the League's model ordinance has served the city well for the past 17 years.
Proposed City Code Updates
City Codes 90.30 through 90.99, Right-of-Way Management, provide the governance to ensure the integrity of its streets and appropriate use of the right-of-way. The proposed City Code updates to this section (see attached) are consistent with and provide for the continuance of this governance as well as providing for the health, safety, and welfare of its citizens. The proposed updates are consistent with the League's model ROW ordinance and are expected to continue to serve the City well.
Additionally, with the past update that occurred in 2000 and in conjunction with the current proposed right-of-way management update, City Code Sections 50.15 through 50.99, Telecommunications Permit should be repealed in its entirety. All code requirements pertaining to permitting for telecommunications are now fully addressed and covered within the updated City Code Section 90, Right-of-Way Management.
Small Cell Wireless Facilities
Small cell wireless facilities are typically pole mounted antennas. Attached is a "Proposed Design" exhibit that provides an example of antennas that we expect to see. A second exhibit attached shows examples of "installations we prefer to avoid", which provisions in the proposed city code addresses including items such as pole height, pole diameter, avoiding substantial ground mounted support equipment, size of the antenna, aesthetics, etc.
There are two general categories of the placement and installation of small cell wireless facilities: 1) on structures owned by the small cell wireless company, and 2) on facilities owned by the city. Under the first category, if they install antennas on their own poles or other private utility company's poles, the city would simply handle this as a normal ROW permit item. Under the second category where the small cell wireless company desires to install their facilities on city infrastructure (e.g. light poles, or other facility), the law allows for and the proposed city code would require a separate colocation agreement between the city and the wireless provider. This agreement between the city and antenna owner would provide the governance for the attachment to the city's poles. The League of Minnesota Cities is in the process of developing a model colocation agreement for this application. It is expected that additional fees and rental rates will apply as part of these colocation agreement arrangements.