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HomeMy WebLinkAboutSmall Wireless Facility Permitting PowerPoint 11/13/2018 :`/" � SMALL WIRELESS $� Q FACILITY PERMITING City Council Study Session November 13, 2018 5:30 p.m. �^ Seal Beach City Hall nir • , • Workshop Topics What and why of 5G Technology. National 5G strategy. Lte Laws preempting local ordinances. �� Lte City design objectives and permits. Examples of typical installations. Mandated permit review timelines. Allowed City fees. 1 11/13/2018 5G TECHNOLOGY7114,.,„ PUXINTERNETof • 5G Driving Forces National priority to lead in 5G deployment. Roll-out in 2020 to meet service demand. WHEN CARS New services: (alkoraGO.'� rwoRK CAN TALK �® +�9,otieneus .rte OR'v.NG ERp • Increased wireless capacity. • Faster mobile phone and internet. • Home internet and cable TV services. p d,• 1 A • Smart utility meter reading and system operation. °^`t: ��' ''��d Medical monitoring, consultations and services. """osom..DR;v"6 Smart transportation controls & driverless car networks. 2 11/13/2018 4G to 5G Infrastructure FG Antenna Fewer old-style large cell sites. Increased number of 5G antennas due to shorter wireless signal range 5G build-out will result in a denser service network of 50 to 100 installations in Seal Beach. (compared to MUCKtt ZOOM fewer than five 4G installations) loo to 400'tall. / era., 6G Is coming! (in about ten years) ttt"P"` 32'to Proposal is to integrate terrestrial wireless with satellite so'tall. systems, for ubiquitous always-on broadband global network twwprd• coverage. t 1 I, FCC Position and Objective "To meet rapidly increasing demand for wireless services and prepare our national infrastructure for 5G, providers must deploy infrastructure at significantly more locations ... part of a national strategy to promote the timely build-out of this new infrastructure across the country by eliminating regulatory impediments that unnecessarily add delays and costs...." Excerpted from.FCC Fact Sheet for proposed Declaratory Ruling and Third Report and Order, dated September 5. 2018 3 11/13/2018 The FCC's 5G FAST Plan Facilitate America's Superiority in 5G Technology Speed up state and local review of small cells to: Ban municipal roadblocks that have the effect of prohibiting deployment of 5G small wireless facilities. Give localities a deadline to approve or disapprove small-cell siting applications. Lte t>Ce ;G Itsr IIIIIIIIIIIIIrFEDERAL AND STATE LAWS 4 11/13/2018 Federal Law City requirements regulations cannot prohibit or have the effect of prohibiting wireless telecommunications services, and City cannot discriminate among providers of functionally equivalent services _AMMILAL 111 1111 Federal Preemption — RF Emissions City cannot prohibit an application based on "the environmental effects of radio frequency emissions to the extent that such facilities comply with the [FCC's] regulations concerning such emissions." 47 U.S.C. § 332(c)(7)(B)(iv). • BUT: City can deny an application to construct or modify wireless facilities if the facilities do not comply with FCC's regulations. • 5 I 11/13/2018 Federal Preemption — Shot Clocks City must act on application within set period of time from date application deemed complete, from 60 to 150 days. • City must determine if application complete within set period of time, from 10 to 30 days. Federal Preemption — Eligible Facilities ". . . a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station." Section 6409(a) Middle Class Tax Relief and Job Creation Act of 2012 6 11/13/2018 Federal Preemption — Eligible Facilities Applies to: Requirements Collocation of new • Objective transmission equipment; • Ministerial review (no Removal of transmission discretion) equipment; or • Short time limit for review Replacement of • "Deemed approved" penalty transmission equipment. IMENt Federal Preemption: Eligible Facilities Collocation or modification MUST BE APPROVED unless it: Increases height of tower or base station by more than 10% or 10 feet, whichever is greater; or Includes an appurtenance that protrudes more than 6 feet from edge of tower or base station; or Adds new ground-mounted equipment cabinets where there are none; or Adds new ground-mounted equipment cabinets that are more than 10% in height or overall volume than existing cabinets; or Involves excavation outside the area in proximity to structure and other transmission equipment already deployed on ground; or Would defeat the existing concealment elements of the eligible support structure; or Would violate certain prior conditions of approval. 7 11/13/2018 State Preemption and ROW Management Telephone companies and wireless providers have right to place telephone lines and related poles and fixtures in public roads and highways, BUT: • Cannot INCOMMODE the public use of the use of the road or highway. City has right to manage the public rights-of-way including reasonable time, place & manner regulations. Federal Preemption — Small Wireless Facilities (NEW) Effective January 14, 2019 Facility that is: Mounted on structures 50 feet or less in height including antennas, or Mounted on structures no more than 10% taller than other adjacent structures, or Doesn't extend existing structures on which located to height of more than 50 feet or by more than 10%, whichever greater; and Each antenna associated with deployment (excl. associated antenna equipment) no more than 3 cubic feet in volume; and All other wireless equipment on structure no more than 28 cubic feet in volume. FCC Ruling and Third Report and Order 8 11/13/2018 Federal Preemption — Small Wireless Facilities Applies to: Requirements Collocation of SWF on Objective aesthetic and existing structure; and other requirements Deployment of SWF on Fee limits new structures Deadlines to deem Effective prohibition complete and decide application includes materially Violations inhibiting additional Deemed effective prohibition services or improving Expedited judicial review existing services. Burden on City CITY OBJECTIVES AND DESIGN 9 P 11/13/2018 City Response • Comply with Federal and State Law • Implement design guidelines within legal limitations • Support advanced technology build-out • Establish application and review process to: Limit public right-of-way interference Minimize visual impacts s" , Preserve aestheticslk i. i. 0 Prevent safety impacts . ,. `"- �;, Protect community interests .. z... �'w -, Unacceptable Installations { Lk` l'i : , � I . I r-_ �• .. �'✓ -is-, 6 t5.4 .*'14:-. I1 -4.- ... 10 11/13/2018 Seal Beach Design Objectives Occupy the least amount of space in PROW as possible Ensure pedestrian, ADA and vehicle access within PROW Ensure emergency services access to PROW Minimize visual clutter and noise impacts Preference for subterranean or pole-mounted equipment `zi , . Blended, subdued color and design ; =�► man- Internal cabling ` ' y ' ✓ FCC Standards for Small Wireless Facilities • New rules effective January 14, 2019 'Applies to aesthetic, undergrounding and separation requirements • Fees must be: Reasonable; No more burdensome than those applied to other types of infrastructure deployments; and Published in advance 11 11/13/2018 Small Wireless Permit Design Examples • I • Max height less than 10% ..ihigher than adjacent facilities • j (e.g. 3 ft. for 30 ft. pole) • Does not extend existing structures by more than 10% or _<1. 1 to greater than 50 ft. whichever 4' • , is higher. • Radio, antenna and equipment • volume does not exceed 28 j ' Li. -- cubic feet. . WIRELESS FACILITY PERMITS 14111 12 11/13/2018 Proposed Wireless Facility Permits Small Wireless Facility Permit (SWFP) • Comply with FCC Ruling and Orders Eligible Facility Permit (EFP) • Comply with Section 6409(a) Administrative Wireless Communications Facility Permit (AWCFP) • Everything else Permit Procedures Small Wireless Facility Permit (SWFP) •Application submittal appointment. •Confirmation of complete application. Eligible Facilities Permit (EFP) •Review for compliance design requirements. •Approval of permit by Public Works Director or designee. Administrative Wireless Communications Facility Permit (AWCFP) I 13 p 11/13/2018 General Permit Approval Findings & Decision • Complete application. Applicant has the right to enter the public right-of-way. All public notices have been given by the applicant. Proposed installation is designed such that: Meets design, location and other development requirements of EFP, SWP or AWCFP permit. Does not include power generators unless special findings. Installation will not interfere with public access, pedestrian or vehicular safety or emergency services access. Facility Notice and Appeal Applicant mails notices to property owners within 150 feet. Public has ten days to comment. PW Director evaluates application and comments. PW Director posts decision on City website and mails to applicant. Decision can be appealed to City Council. Final appeal decision must be made by shot-clock deadline. 14 11/13/2018 Permit Shot Clocks Ordinance process to comply with law and FCC. I Small Wireless •Application submittal starts shot-clock Facilities Permit .10 days to notify applicant of incomplete application (Existing Structure) aft, (shot clock re-sets) •30 days to notify applicant of incomplete re-submittal (shot clock paused) •60-90 days to issue final permit decision Small Wireless •Failure to issue permit,City subject to legal action& Facilities Permit (New presumption of effective prohibition under federal law Structure) 1 • Permit Shot Clocks pplication submittal starts 60-day shot clock •30 days to notify applicant of incomplete application&60- Eligible Facilities day shot clock tolled •10 days to notify applicant of incomplete re-submittal&60- Permit day shot clock tolled •60 days to issue final permit decision Minor modifications to existing facilities. I•After 60 days application"deemed approved"under federal law • f i 7Cpplicatiof submltarstarts 90-day shot clock(on existing structure)or 150-day shot-clock(on new structure) Administrative •30 days to notify applicant of incomplete application&90 0 Wireless 150-day shot clock tolled •10 days to notify applicant of incomplete re-submittal&shot Communications clock tolled •90 or 150 days to issue final permit decision Facility Permit •After shot clock expiration,City subject to expedited legal action under federal law 15 11/13/2018 Special Findings for SWFP and EFP Permit Exceptions Director findings to vary from Ordinance and Regulations standards: Complete application Applicant has the right to enter the public right-of-way All notices given by the applicant Compliance with specific design or development requirement is: Technically infeasible as demonstrated by competent evidence; and Denial of small wireless facility as proposed would violate federal law, state law, or both: or ordinance provision, as applied to applicant, would deprive applicant of its rights under federal law, state law, or both: and Proposed deployment will not interfere with public access, pedestrian or vehicular safety or emergency services access Summary All applications are reviewed and decided by Public Works Director or designee 4 City cannot prohibit wireless telecommunications facilities in PROW Law limits design review and development standards. Cities cannot discriminate against similar wireless providers Cities cannot prohibit wireless facilities based on environmental concerns about radio frequency emissions (EMF) Applications and appeals must be reviewed and decided within time deadlines (shot clocks) set by federal and state laws. 16