Item 7B- Ordinance No. 80-17-87CITY OF ATLANTIC BEACH
CITY COMMISSION
AUGUST 14, 2017
Staff Report
AGENDA ITEM: First Reading, Temporary Moratorium for "5G" wireless technology in
City Rights of Way
DATE: August 2, 2017
SUBMITTED BY: Kayle Moore, Public Utilities Director
Scott Williams, Interim Public Works Director
Dan Arlington, Building Official
Brenna M. Durden, City Attorney
BACKGROUND: The 2017 Florida Legislature adopted House Bill 687, the "Advanced
Wireless Infrastructure Deployment Act," which requires local governments to allow certain types
of wireless facilities within their rights of way, providing the facilities meet objective design
standards, which local governments must adopt by January 1, 2018. The temporary moratorium
will give the city the time needed to adopt local objective design standards and regulations, meeting
both the federal and new state law mandates.
BUDGET: Yet-to-be-determined
RECOMMENDATION: That the Commission approve on first reading the proposed
temporary moratorium and direct Staff to notice the Ordinance for public hearing and second and
final reading on August 28, 2017.
ATTACHMENT: 1. Ordinance No. -------
REVIEWED BY CITY MANAGER: --+-+_..d;.Lji.£1/;1----:~.A~~~-------
00849347-1
Agenda Item 7B
August 14, 2017
DRAFT 8/2/2017
ORDINANCE NO. 80-17-87
AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE
ACCEPTANCE, PROCESSING OR APPROVAL OF ANY WIRELESS
COMMUNICATION FACILITIES IN THE CITY'S RIGHTS-OF-WAY; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Section 704(a) of the Telecommunications Act of 1996, entitled "Preservation
of Local Zoning Authority," (47 U.S. C.§ 332(c)(7)) preserves local zoning authority over decisions
concerning the placement, construction, and modification of "personal wireless service facilities"
with certain limitations; and
WHEREAS, a local government is prohibited from imposing regulations that unreasonably
discriminate among providers of functionally equivalent services, and prohibit, or have the effect
of prohibiting, the provision of personal wire.less services;'aR(j
WHEREAS, a local government shalb~~tor1a requestfor authorization to place, construct,
or modify personal wireless service facilities "withill a reaso[lable period of time" after the request
is filed and that any denial of a requestfor authoriz:ation be in writing and supported by substantial
evidence in a written record; and
WHEREAS, Chapter 19, City ofAtlantic Beach Code of Ordinances provides the
application process for all instancesinWhich aperson or entity requests to occupy any City rights-
of-way; and
WHEREAS, Section 19'"8, Utility Rights of Way, Code of Ordinances, provides the
processes for application, enforcement, placement and maintenance of communications facilities
in the City rights-of-way and has not been revised since 2011; and
WHEREAS, new technologies in wireless communications have emerged, which involve
the use and placement of smaller, but more numerous poles and related infrastructure to support
existing services and emerging "5-G" service; and
Agenda Item 7B
August 14, 2017
DRAFT 8/2/2017
WHEREAS, in the 2017 legislative session, the Florida Legislature enacted House Bill 687
(the "Advanced Wireless Infrastructure Deployment Act"), which establishes a process by which
wireless providers may place small wireless facilities in the public rights-of-ways under the control
of counties and municipalities; and
WHEREAS, the Advanced Wireless Infrastructure Deployment Act became effective July
1, 2017 and requires local governments to allow certain types ofwireles~ facilities within the rights-
of-way so long as those facilities meet objective design standards thafhave.been locally adopted
by ordinance; and
WHEREAS, the application of Section 19-8 of.tl'le Code of Ordinances, does not provide
any objective design standards concerning the pla~em~nt of these types of wireless
communications systems on City rights-of.:.way; and
WHEREAS, the City Commission finds thatthe City's rights..:of-way are a limited resource
that must be properly managed both for curre6tJnfrastru~ttlreneeds and for planned or expected
future infrastructure expansion, m~in~enance, Cie~thetics and safety needs, to the extent
authorized by law; and
WHEREAS, the City's current laws goyerning the application, placement, enforcement,
and maintenance processes ofwirelt;~~.s communications systems in the City's rights-of-way do
not adequately address the new requirements and regulations encompassed in the Advanced
Wireless Infrastructure Deployment Act; and
WHEREAS, the City Commission finds that there is a legitimate public purpose in
imposing a temporary moratorium on considering and approving personal wireless
communications systems in the City's rights-of-way to allow the City time to create appropriate
local regulations and standards consistent with federal and state laws and regulations and
balance the new and emerging technology with the City's needs and requirements; and
00849304-1 2
Agenda Item 7B
August 14, 2017
DRAFT 8/2/2017
WHEREAS, the Advanced Wireless Infrastructure Deployment Act allows local
governments until January 1, 2018 to enact objective design standards with which to evaluate
applications for those wireless facilities regulated by the Act; and
WHEREAS, during this time the City Commission finds that there is a legitimate public
purpose to temporarily prohibit the City's acceptance and processing of, or final determination on,
applications for rights-of-way permits for personal wireless communications systems in the City's
rights-of-way until the City Commission adopts amendments .to the .Code of Ordinances to
adequately regulate personal wireless communications systems in the City's rights-of-way, as
authorized in the Advanced Wireless Infrastructure Deployment Act; now, therefore,
BE IT ENACTED BY THE CITY COMMISSION>PN;6E;HALF OF THE PEOPLE OF THE
CITY OF ATLANTIC BEACH, FLORIDA:
Section 1. Findings and Statemelltof:l.-.ten~~
(a) The above recitals are nerebyadqpted as theCity Commission's Findings of Fact;
and
(b) It is the intent of the City Comrnis?iOI1 to undertake a review of the City's current
laws governing the application~ndapproval process for wireless communications
. . .
facilities, equipment aod infrastructure in the City's rights-of-way and to propose
amendments to address the new and emerging technologies, conform with the
requirements of 47 U.S.C. § 332(c)(7) and the Advanced Wireless Infrastructure
Deployment Act for wireless communication systems in the City's rights-of-way
and adequately address the public health, safety and welfare.
Section 2. Temporary Moratorium Imposed as to the Acceptance, Processing or
Determination of Rights-of-Way Permit Applications for all Personal Wireless
Communications Systems in City Rights-of-Ways. The City Commission hereby imposes a
temporary moratorium on the acceptance, processing or approval of rights-of-way permit
00849304-1 3
Agenda Item 7B
August 14, 2017