Agenda Date: May 2, 2017
Subject:
Title
An Ordinance on First Reading, to amend the city's zoning code Title 10, with respect to commercial mobile radio service and to expand the city's regulations to include wireless communications facilities
Body
Presented By:
Ken Fellman, Acting City Attorney and
Jocelyn Mills, Community Development Director
POLICY QUESTION:
Does city council support amendments to the city's zoning code regarding commercial mobile radio service and to expand the city's regulations to include wireless telecommunication facilities?
BACKGROUND:
Recently, it has come to light that Littleton's zoning code, specifically in regards to commercial mobile radio service, is in need of an update to bring the code into compliance with current state and federal regulations around wireless telecommunication facilities. Also, the city has been approached by wireless telecommunication providers and infrastructure providers regarding the deployment of wireless communications within city rights-of-way. The current code also does not address how to manage such requests.
In 2009, the Federal Communications Commission (FCC) adopted a "Report and Order" known as the "Shot Clock Order" interpreting Section 332 of the Telecommunications Act of 1996. The Shot Clock Order requires that the local jurisdiction must act on an application for the collocation of additional antennas to existing infrastructure within ninety (90) days and an application for the construction of new infrastructure within one-hundred and fifty (150) days. The proposed code changes implement the Shot Clock Order.
In 2014, the Federal Communications Commission (FCC) adopted a second Report and Order known as the "Colocation Order" which interprets Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012. The Colocation Order prohibits local governments from denying eligible facilities' requests (EFRs) to modify existing wireless towers or base stations if the modification ...
Click here for full text