Agenda Date: 06/06/2017
Subject:
Title
An ordinance on second 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 zoning code regarding commercial mobile radio service and expanding regulations to include wireless telecommunication facilities?
BACKGROUND:
Littleton's zoning code, specifically in regards to commercial mobile radio service, needs updating to comply with state and federal regulations regarding Wireless Communication Facilities (WCF). In addition, the city has been approached by wireless telecommunication and infrastructure providers interested in deployment of wireless communications within city rights-of-way. The current code 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 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 does not substantially change the dimensions of the facilities. As the name suggests, the Collocation Order primarily concerns the coloca...
Click here for full text