Title
Consider adopting Ordinance No. 3457 regulating the installation of wireless network node equipment within City Rights-Of-Way including proposed fees and take appropriate action.
Body
BACKGROUND:
Earlier this summer the Texas Legislature approved Senate Bill 1004 (SB1004). This legislation severely limits the amount of control a municipality can impose on Network Telecommunication Providers requesting permission to install peripheral wireless network node equipment on utility poles located within City right-of-way. The providers insist this additional equipment is essential to provide adequate data service to the next generation of phones and appliances using 5G technology, which we support, however the unsightliness of such equipment is a concern. SB1004 also requires all allowable municipal regulation to be officially approved by the City before September 1, 2017. In an effort to meet this deadline, and provide the City with as much control as possible regarding the installation of this new Wireless Network Node equipment, City Staff has prepared the following ordinance which amends Chapter 70, by adopting Article V, "Network Providers" and amending Appendix "A" Fee Schedule. The amendment to the fee schedule provides a new source of revenue for cost for placement of such equipment within City rights-of -way.
DISCUSSION:
The Senate Bill 1004 was signed by the governor earlier this summer, cities throughout the state have been working together to determine what changes need to be made to implement the provisions required by SB1004. After consulting with legal counsel, staff has determined that the best way to protect the interests of the City is to amend the City's Right-of-way Ordinance provisions; and amend the Master Fee Schedule to provide for new fees related to the installation of this equipment.
RECOMMENDATION:
City Staff strongly recommends adoption of Ordinance No. 3457 regulating the installation of wireless network node equipment wit...
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