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Council Provided Information - 9/30/2022CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY https://tinyurl.com/SmallCellsSLC TO: City Council Members FROM: Sylvia Richards Budget & Policy Analyst DATE: September 20, 2022 RE: Small Cell Wireless Facilities (SWF) Draft Ordinance Design Standards ISSUE AT-A-GLANCE As Council Members are aware, small cell wireless facilities (SWF) add capacity and coverage on a wireless network. As requested by the Council, the Attorney’s office has drafted an ordinance that would add design standards for these facilities, including the preference for co-location on existing City utility poles, to City code. The following design standards have been added to the draft ordinance: a) Small Wireless Facilities (SWF) will be installed on an existing or replacement utility pole when one is available rather than on a new freestanding pole; b) The aesthetics of any SWF will blend into the surroundings to the extent possible (matching color, height and fluting of existing poles including in historic districts); c) Installations in residential neighborhoods will be minimized by requiring new facility locations to prioritize locations on busier collector streets rather than local streets, and if an installation is permitted on a local street, it will be located at the intersection of property lines and not in the public way behind the sidewalk (where a sidewalk exists); d) SWF will be installed in a public alley on an existing utility pole when available rather than on the street. Engineering is using administrative discretion to currently enforce the four design guideline policies listed in the draft ordinance, and if adopted by Council, then the design standards would be updated to reflect the ordinance. Design standards will change as technology changes. The Administration reports 400+ small wireless facilities to date and counting. Additionally, the number of complaints has decreased since Engineering implemented the Council's requested design standards which the ordinance will codify. Federal and State laws and rules give telecommunication providers the right to install facilities in the public- right-of-way subject to municipal regulations. Providers must be treated the same under municipal regulations so one company is not unduly favored over another. Goal of the briefing: To review the draft ordinance which provides policy guidance for the placement of Small Wireless Facilities in the Public Way, and to identify any policy issues for follow up. POLICY QUESTIONS Item Schedule: Briefing: Sept. 20, 2022 Potential Action: October 4, 2022 Page | 2 1. Design Standards Satisfy Policy Goals – The Council may wish to discuss whether the draft ordinance design standards satisfy the Council’s and community’s policy goals to better integrate SWF into neighborhoods citywide. 2. Enforcement Mechanisms – The Council may wish to ask what monitoring and enforcement mechanisms are available to the Administration if reasonable design standards are not adhered to. 3. No Duty to Underground SWF – SB189 appears to preclude the City from requiring undergrounding of SWF electrical boxes and other infrastructure. The City’s standard franchise agreement stipulates a duty to underground lines and cables “to the greatest extent reasonably practicable” and is specifically required in four areas: (1) new residential subdivisions, (2) Central Business District, (3) any area of the City where existing utilities are already underground, and (4) whenever other utility companies are undergrounding cables and lines. ADDITIONAL & BACKGROUND INFORMATION Additional information on Small Cell Wireless Facilities (SWF) As noted above, small cell wireless facilities (SWF) add capacity and coverage on a wireless network. This benefits locations with a high density of telecommunication users, such as downtown. SWF are expected to provide part of the infrastructure for fifth-generation wireless technologies (“5G”). Each facility includes an antenna, radio and power meter, and needs connections to power and fiber optic cables. Wireless providers can install SWF on public-right-of-way infrastructure including existing and new monopoles, billboards, streetlights, street signs, traffic poles, utility poles and other structures; however, the Engineering Division is emphasizing the City’s preference to secure wireless equipment onto existing city-owned streetlights and utility-owned poles. The Administration notes that this is sometimes not possible because some block faces only have one streetlight. Coordination with Rocky Mountain Power (RMP) The Administration provided the following summary of how RMP is involved in locating SWF in the public- right-of-way. “Rocky Mountain Power (“RMP”) policies directly influence the implementation of City code. RMP allows for small cell infrastructure attachments to its existing utility poles as well as to overhead wires. Such attachments require a pole attachment or wireline attachment agreement between RMP and the small cell provider; once this agreement is in place, providers must submit pole location plan and then RMP does a site analysis of each location within a 45-day period. After pole sites are approved by RMP, the small cell provider submits to the City RMP’s written approval along with the company’s permit application to locate in the ROW. RMP does not have poles in the Central Business District as it is an underground district, and so other locations for small cell facilities must be identified.” Current City Ordinances Governing Antennas in Public-right-of-way The Administration reports three sections of City Code govern SWF in the public-right-of-way. However, SB189 supersedes these ordinances to allow SWF potentially anywhere in the public-right-of-way. Section of Salt Lake City Code Title Function SLC §21A.40.090 Antenna Regulations in Public Right of Way (ROW) a. Allows antennas to be mounted on existing 3rd-party-owned utility poles. There are no other antenna installations allowed in the ROW. b. Requires the electric equipment to be placed underground or on private property (or on the pole, which is not allowed by RMP). c. Requires that facilities in the ROW be subject to any applicable franchise fees or lease agreement required by City. SLC §14.32.425 Telecommunication Right of Way Permits Allows conduit and cable to be located within the ROW Page | 3 SLC § 14.40.020 Utility Poles and Wires New poles are only allowed for franchise holders (but not permitted for antennas). SB189 Small Wireless Facilities Deployment Act (Effective Date September 1, 2018) In March 2018, the State Legislature passed and the Governor signed SB189. The law conveys broad rights upon telecommunication providers to (1) install SWF on all municipally owned infrastructure within the public-right- of way and (2) construct new monopoles for SWF. Municipalities must allow installation of SWF but may narrowly regulate designs. Administration’s Overview of SB189 • Wireless providers have the right to: o install small wireless facilities and utility poles within ROW; and o locate small wireless facilities on municipal poles (includes streetlights, traffic lights, street signs) and other structures in the ROW (including billboards) • City is required to recognize small wireless facilities in ROW as a permitted use in all zones and districts (strictly an administrative process) • A small wireless facility consists of: an antenna of 6 cubic feet or less; pole and ground equipment of 28 cubic feet or less • The small wireless facilities may be installed on a utility pole no taller than 50 ft. (potential additional 10 ft. for antennae) City Powers • Design/Historic and Underground Districts – City must allow small wireless facilities including utility poles (heightened design standards) • May limit new utility poles in ROW that is 60 ft. wide or less and adjacent to residential property • May adopt reasonable, nondiscriminatory design standards • May adopt nondiscriminatory police-power-based regulations for management of ROW • May deny applications for articulable public safety reasons • May require agreement dealing with indemnification, insurance and bonding before ROW work Compensation • Annual ROW Access Rate o 3.5% of gross revenue under Municipal Telecommunications License Tax (if the tax applies), or o the greater of 3.5% of gross revenue or $250 per small wireless facility • Annual Authority Pole Attachment Rate: $50 per collocated small wireless facility per authority pole • Application Fees (for a Permit to work in the ROW) o $100 per collocated small wireless facility o $250 per utility pole with a small wireless facility o $1000 per non-permitted use • Other applicable permit fees Application Limits • Consolidated application: up to 25 small wireless facilities of substantially the same type; Up to 75 small wireless facility (3 consolidated applications) per 30 days Shot Clocks (Review periods) • Review for Completion: 30 days (City can deem application incomplete and applicant has 90 days to cure any deficiencies) • Installation on existing pole: 60 days (including completion review) • Installation on new, modified, or replacement utility pole: 105 days (including completion review) • One additional extension of 10 business days • Deemed complete and/or granted if municipality does not meet deadlines ACRONYMS 5G – Fifth generation wireless technologies FY – Fiscal Year RMP – Rocky Mountain Power Page | 4 ROW – Right of Way SB – Senate Bill SWF – Small cell wireless facilities Work Session Item No. 9 Attachment A (DRAFT) 2.3 General Requirements Small Cell Facilities Design Guidelines 2.3 GENERAL REQUIREMENTS Any small cell collocated on a pole must comply with the following requirements: 1. A small wireless Facility will be installed on an existing or replacement utility pole when one is available rather than installed as a new freestanding pole in the public way. 2. The aesthetics of any Facility will blend into the surroundings to the extent possible, including matching the color, height, and fluting of existing surrounding poles. 3. Installations in residential neighborhoods will be minimized by requiring new Facility locations to prioritize locations on collector streets rather than local streets, and if an installation is permitted on a local street, it will be located at the intersection of property lines and not located in the public way behind the sidewalk (where a sidewalk exists). 4. Facilities will be installed in a public alley on an existing utility pole when available rather than on the street and adjacent public way. 5. Shall be placed at the intersection of property lines, or along secondary property street face. 6. Shall maintain required clearance from existing utilities. See 8.11.2 for Public Utilities clearances. 7. Should be equidistant from adjacent poles. 8. Shall match the aesthetics of existing streetlights and street furniture in the neighborhood of the proposed small cell locations. Aesthetic considerations and accommodations shall be included in the application submittal. 9. All equipment located within the public ROW shall be located such that it meets ADA requirements and does not obstruct, impede, or hinder usual pedestrian or vehicular travel or interferes with the operation and maintenance of signal lights, signage, streetlights, street furniture, fire hydrants, or business district maintenance. 10. Shall minimize impact to the aesthetics of the existing poles.