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Home My WebLink AboutSeal Beach -- Wireless Telecom Workshop 11-13-18 -- Final Upload PPT City Council Study Session November Seal Beach City Hall13, 20185:30 p.m. SMALL WIRELESSFACILITY PERMITING •What and why of 5G Technology. ••••••National 5G strategy.Allowed City fees.Mandated permit review timelines.Examples City design objectives and permits.Laws preempting local ordinances.of typical installations. Workshop Topics 5G TECHNOLOGY •Faster mobile phone and internet. •••••Increased wireless capacity.Smart transportation controls & driverless car networks.Medical monitoring, consultations and services.Smart utility meter reading and system operation.Home internet and cable TV services. •National priority to lead in 5G deployment. ••RollNew services:-out in 2020 to meet service demand. 5G Driving Forces 4G Antenna systems, for ubiquitous alwayscoverage.-on broadband global network •Fewer fewer than five 4G installations)old-style large cell sites. wireless signal 50 to 100 installations in Seal Beachrange. (compared to •Proposal is to integrate terrestrial wireless with satellite ••Increased number of 5G antennas due to shorter 6G Is coming! (in about ten years) •5G build-out will result in a denser service network of 4G to 5G Infrastructure Excerpted from: FCC Fact Sheet for proposed Declaratory dated September 5, 2018Ruling and Third Report and Order, national infrastructure for 5G, providers must deploy infrastructure at impediments that unnecessarily add delays and costs….” significantly more locations build-out of this new infrastructure across the country by … part of a national strategyto promote the timely eliminating regulatory “To meet rapidly increasing demand for wireless services and prepare our FCC Position and Objective 5G small wireless facilities.applications. •Facilitate America's Superiority in 5G Technology ••Ban municipal Give localities a deadline to approve or disapprove smallroadblocks that have the effect of prohibiting deployment of -cell siting •Speed up state and local review of small cells to: The FCC's 5G FAST Plan FEDERAL AND STATE LAWS andand Federal Law effect of prohibiting wireless telecommunications effect of prohibiting wireless telecommunications City requirements regulations cannot City requirements regulations cannot City cannot City cannot discriminate among providers of functionally discriminate among providers of functionally equivalent equivalent servicesservicesprohibit or have the prohibit or have the services, services, . CityemissionsfacilitieseffectsCityemissionsfacilitieseffectscannotcannotofofmodifywithmodifywithcomplycomply..””radioradioprohibitprohibit4747FCC’sFCC’sUUwirelesswirelessfrequency.frequency.withwithS S..CCregulationsregulationsanan..thethe§§applicationapplication332332facilitiesfacilities\[FCC’s\]\[FCC’s\]emissions(c)(emissions(c)(..77)(B)(iv))(B)(iv)ififbasedbasedregulationsregulationsthethetoto ..facilitiesfacilitiesononthethe“the“theextentextentconcerningconcerningdodoenvironmentalenvironmentalnotnotthatthatcomplycomplysuchsuchsuchsuch ••BUTBUT::CityCitycancandenydenyananapplicationapplicationtotoconstructconstructoror Federal Preemption –RF Emissions . ••CityCitymustmustofoftime,time,determinedeterminefromfrom1010totoifif3030applicationapplicationdaysdays..completecompletewithinwithinsetset Federal Preemption –Shot Clocks CityCitymustmustactactononapplicationapplicationwithinwithinsetsetperiodperiodofof time60time60totofromfrom150150daysdaysdatedate..applicationapplicationdeemeddeemedcomplete,complete,fromfrom Middle Class Tax Relief and Job Creation Act of 2012Middle Class Tax Relief and Job Creation Act of 2012Section 6409(aSection 6409(a)) . shall approvemodification of an existing wireless tower or base shall approvemodification of an existing wireless tower or base , any eligible facilities request for a , any eligible facilities request for a “…a State or local government may not deny, station.”physical dimensions of such tower or base station that does not substantially change the “…a State or local government may not deny, station.”physical dimensions of such tower or base station that does not substantially change the and and Federal Preemption –Eligible Facilities discretion) equipment; or transmission equipment. transmission equipment; ••Applies to:Requirements •••Objective“Deemed approved” penaltyMinisterialreview (no •Short time limit for review Federal Preemption –Eligible Facilities •••Collocation of new Replacement of Removal of transmission equipment already deployed on ground; or greater; oroverall volume than existing cabinets; orstation; or •Would violate certain prior conditions of approval. ••••••Increases Would Involves Adds new groundAdds Includes an appurtenance that protrudes more than 6 feet new defeat the existing concealment elements of the eligible support excavation outside the area in proximity to height groundof tower or base station by --mounted equipment cabinets where there are none; ormounted equipment cabinets that are more more than 10% or structure from and other transmission than 1010 feet, whichever is edge of tower or base % in height or structure; or Collocation or modification MUST BE APPROVED unless it: Federal Preemption: Eligible Facilities ••CannotorCannotorhighwayhighwayINCOMMODEINCOMMODE..thethepublicpublicuseuseofofthetheuseuseofofthetheroadroad State Preemption and ROW Management TelephonereasonableCityroadsplaceTelephonereasonableCityroadsplacehashastelephonetelephoneandandrightrighthighways,highways,companiescompaniestime,time,totolineslinesplaceplacemanagemanageBUTBUTandan dand&and&mannermanner::relatedrelatedthethewirelesswirelesspublicpublicregulationsregulationspolespolesprovidersprovidersrightsrightsandand--ofoffixturesfixtures..--waywayhavehaveincludingincludingin inrightrightpublicpublictoto FCC Ruling and Third Report and Order •Effective volume.January 14, 2019 equipment) no more than 3 cubic feet in volume; andstructures, than 50 feet or or by more than 10%, whichever greater; and •••Facility that is:All other wireless equipment Each antenna associated with deployment (excl. associated antenna •••Mounted Doesn’t Mounted extend existing structures on which on structures 50 on structures no more than 10% taller than other adjacent feet on structure no or less in height including antennas, more than 28 cubic feet in located to height of more or Federal Preemption –Small Wireless Facilities (NEW) other requirementsapplicationcomplete and decide existing structure; andnew structures •••Deemed effective prohibition Burden on CityExpedited judicial review ••Applies toexisting services.services or improving inhibiting additional includes materially : •Violations •••Objective aesthetic Deadlines to deem Fee limitsand ••Collocation of SWF on Deployment of SWF on •Effective prohibition Federal Preemption –Small Wireless Facilities CITY OBJECTIVES AND DESIGN •Comply with Federal and State Law •Protect community interests ••••Limit Prevent safety impactsPreserve aestheticsMinimize public rightvisual impacts-of-way interference •••Implement design guidelines within legal limitationsEstablish application and review process to:Support advanced technology build-out City Response Unacceptable Installations •Occupy the least amount of space in PROW as possible •••••••Ensure pedestrian, ADA and vehicle access within PROWInternal BlendedpolePreference for subterranean orMinimize visual clutter and noise impactsEnsure emergency services access to PROW-mounted equipmentcabling, subdued color and design Seal Beach Design Objectives of infrastructure deployments; and •New rules effective requirementsJanuary 14, 2019 •Reasonable; FCC Standards for Small Wireless Facilities••No more burdensome than those applied to other types Published in advance ••Applies to aesthetic, undergrounding and separation Fees must be: •••Max height less than 10% cubic feet.volume does not exceed 28 Radio, antenna and equipment is higher.to greater than 50 ft. whichever structures by more than 10% or Does not extend existing (e.g. 3 ft. for 30 ft. pole)higher than adjacent facilities Small Wireless Permit Design Examples WIRELESS FACILITY PERMITS . ••Comply with FCC Ruling and OrdersComply with FCC Ruling and Orders ••Comply with Section 6409(a)Comply with Section 6409(a) ••EverythingEverythingelseelse SmallAdministrative Wireless Communications Facility Permit SmallAdministrative Wireless Communications Facility Permit WirelessWirelessFacilityFacilityPermitPermit(SWFP)(SWFP)(AWCFP) (AWCFP) EligibleEligibleFacilityFacilityPermitPermit(EFP)(EFP) Proposed Wireless Facility Permits Administrative Wireless Facility Permit (AWCFP) Communications Small Wireless Facility Eligible Facilities Permit (SWFP)Permit (EFP) ••Confirmation of complete application.Review for compliance design requirements. ••Application submittal appointment.designee.Approval of permit by Public Works Director or Permit Procedures requirements of EFP, SWP or AWCFP permit.or vehicular safety or emergency services access. •Complete application. •••Meets design, location and other development Installation will not interfere with public access, pedestrian Does not include power generators unless special findings. ••All public notices have been given by the applicant.Proposed installation is designed such that: •Applicant has the right to enter the public right-of-way. General Permit Approval Findings & Decision •Applicant mails notices to property owners within 150 feet. •••••Public has ten days to comment.Final Decision can be appealed PW Director posts decision on PW Director appeal decision evaluates application and comments.must be made by shotto City City website and Council.-clock mails deadline.to applicant. Facility Notice and Appeal Ordinance process to comply with law and FCC. •••Application submittal starts shotpresumption of Failure to issue permit, City subject to legal action & 60 (shot clock paused)-90 days to issue final permit decisioneffective prohibition -clockunder federal law ••10 days to notify applicant of incomplete application 30 days to notify applicant of incomplete re(shot clock re-sets)-submittal Facilities Permit (New Facilities Permit Small Wireless Small Wireless (Existing Structure)Structure) Permit Shot Clocks •••••Application submittal starts 90action under federal lawAfter shot clock expiration, City subject to expedited legal 90 or 150 days to issue final permit decisionclock tolled10 days to notify applicant of incomplete re15030 days to notify applicant of incomplete application & 90 or structure) or 150-day shot clock tolled-day shot-clock (on new structure)-day shot clock (on existing -submittal & shot •••••Application submittal starts 60lawAfter 60 days application “deemed approved” under federal 60 days to issue final permit decisionday shot clock tolled10 days to notify applicant of incomplete reday shot clock tolled30 days to notify applicant of incomplete application & 60-day shot clock-submittal & 60-- Minor modifications to existing facilities. Eligible Facilities Communications Administrative Wireless Permit Facility Permit Permit Shot Clocks or ordinance provision, as applied to applicant, would deprive applicant of its rights under or emergency services accessfederal law, state law, or both; and ••Technically Denial of small wireless facility as proposed would violate federal law, state law, or both; infeasible as demonstrated by competent evidence; and •Proposed deployment will not interfere with public access, pedestrian or vehicular safety •Director findings to vary from Ordinance and Regulations standards: •••Applicant Compliance All notices given by the has the right to enter the public with specific applicantdesign or development requirement right-of-wayis: •Complete application Special Findings for SWFP and EFP Permit Exceptions deadlines (shot clocks) set by federal and state laws. •Aconcerns about radio frequency emissions (EMF)or designeell applications are reviewed and decided by Public Works Director •••••City cannot prohibit wireless telecommunications facilities in PROWApplications and appeals Cities cannot prohibit wireless facilities based on environmental Cities cannot discriminate against similar wireless providersLaw limits design review and development standards.must be reviewed and decided within time Summary