Title
URGENCY ORDINANCE of the City of San Leandro City Council Amending Title 5, Chapter 5-1 of the San Leandro Municipal Code to Amend Encroachment Requirements Relating to Small Cell Wireless Telecommunications Facilities to Become Effective Immediately.
Body
WHEREAS, this Ordinance is adopted as an urgency ordinance pursuant to California Government Code Section 36937(b). The facts constituting the urgency are as follows:
(1) The purpose of this Ordinance is to amend the City's Municipal Code to revise encroachment permit requirements to address installation of "small cell" wireless telecommunications facilities in the City's public right-of-way, in light of the Declaratory Ruling and Third Report and Order, "In the Matter of Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment" adopted September 26, 2018 by the Federal Communications Commission ("Order") setting new limitations on local standards for, and accelerating the processing of, the siting of small cell wireless telecommunications facilities by local jurisdictions over such applications.
(2) Providers within the wireless telecommunications industry have expressed interest in submitting applications, or have already submitted applications, for the installation of small cell wireless telecommunications facilities in the City's public road rights-of-way. Other California cities have also received applications for small cells to be located within the public road right-of-way.
(3) The recent FCC Order interprets provisions of the Telecommunications Act of 1996 to restate the preemption that local governments cannot enact ordinances and regulations that "prohibit" or "effectively prohibit" the provision of telecommunications services. Consistent with this interpretation, the Order further provides that all local jurisdictions must comply with various restrictions on the exercise of local aesthetic, zoning, public works, and fee restrictions when dealing with...
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