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File #: 01-18    Version: Name:
Type: Ordinance Status: Passed
File created: 12/28/2017 In control: City Council
On agenda: 2/8/2018 Final action: 2/8/2018
Enactment date: 2/15/2018 Enactment #: 03-18
Title: PROPOSED ORDINANCE NO. 01-18 REGULATING THE USE OF PUBLIC RIGHT-OF-WAY BY WIRELESS COMMUNICATIONS FACILITIES AND INFRASTRUCTURE BY SERVICE PROVIDERS
Sponsors: Ashton J. Hayward, III
Attachments: 1. Proposed Ordinance No. 01-18, 2. Ordinance No. 29-17, 3. Sec. 337401(7), Florida Statutes, Advanced Wireless Infrastructure Deployment Act, 4. PROOF OF PUBLICATION - ORDINANCE ON 2ND READING

LEGISLATIVE ACTION ITEM

 

SPONSOR:                         Ashton J. Hayward, III, Mayor

 

SUBJECT:

 

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PROPOSED ORDINANCE NO. 01-18 REGULATING THE USE OF PUBLIC RIGHT-OF-WAY BY WIRELESS COMMUNICATIONS FACILITIES AND INFRASTRUCTURE BY SERVICE PROVIDERS                      

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RECOMMENDATION:

 

recommendation

That City Council adopt Proposed Ordinance No. 01-18 on second reading.

 

AN ORDINANCE CREATING ARTICLE VII, SECTION 11-4-182 OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA; REGULATING THE USE OF THE PUBLIC RIGHTS-OF-WAY BY WIRELESS COMMUNICATIONS FACILITIES AND INFRASTRUCTURE BY SERVICE PROVIDERS; AUTHORIZING THE ADMINISTRATIVE PROMULGATION OF IMPLEMENTING RULES AND REGULATIONS CONFORMING TO THE PROVISIONS OF THE ADVANCED WIRELESS INFRASTRUCTURE DEPLOYMENT ACT OF 2017; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE, AND PROVIDING AN EFFECTIVE DATE.

 

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HEARING REQUIRED:  No Hearing Required

 

SUMMARY:

                                          

The technological evolution of the wireless communications industry continues to impact local governments by placing greater demands upon the use of public rights-of-way. In response, the 2017 Florida Legislature adopted the Advanced Wireless Infrastructure Deployment Act, establishing a process for local governments to follow when a service provider requests use of the public right-of-way, and allowing the adoption of local rules and regulations for the placement of facilities which conform to the provisions of the new law. The Proposed Ordinance, if adopted, will allow the City of Pensacola to implement rules and regulations to achieve the degree of regulation that the new law permits for local governments.

 

 

PRIOR ACTION:                     

 

January 11, 2018 - City Council voted to approve Proposed Ordinance No. 01-18 on first reading.

 

October 12, 2017 - City Council approved Ordinance No. 29-17, providing for a 120 day moratorium on the permitting of collocation of small wireless or micro wireless facilities.

 

 

FUNDING:                     

 

     N/A

 

FINANCIAL IMPACT:

                     

None

 

CITY ATTORNEY REVIEW:    Yes

 12/29/2017

   

STAFF CONTACT:

 

Eric W. Olson, City Administrator

Derrik Owens, Public Works Director

 

ATTACHMENTS:

 

1)                     Proposed Ordinance No. 01-18

2)                     Ordinance No. 29-17

3)                     Sec. 337.401 (7), Florida Statutes, Advanced Wireless Infrastructure Deployment Act

 

PRESENTATION:     No   end