Fiscal Note
No Funds Required.
Title
Amending portions of 10.053 of the Madison General Ordinances to update the Small Cell Ordinance to bring it in line with State law.
Body
DRAFTER’S ANALYSIS: The City adopted ORD-19-00037 (Legistar File # 55033) on May 21, 2019, which ordinance created MGO Sec. 10.053 and a permitting process for telecommunications providers to place certain wireless facilities within the City’s right-of-way. The City’s ordinance was based upon FCC orders and State laws in effect at the time it was drafted. However, on July 10, 2019, the State enacted 2019 Wis Act 14, which statute created Wis. Stat. § 66.0414. That statute sets certain limits on the City’s ability to regulate small cell facilities in the right-of-way. It has been pointed out to the City that an existing exception under State law for certain micro wireless facilities is not included in our ordinance’s list of exceptions. Even though State law precludes the City’s enforcement of the ordinance against such facilities, this amendment will expressly add that exception to the ordinance to make it clear such facilities are exempt from the ordinance. In addition, other changes are being made to directly incorporate relevant portions of the statute into the City’s ordinance to ensure City compliance with the statute.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Subsection (1) entitled “Definitions” of Section 10.053 entitled “Wireless Telecommunications Facilities in the Right-of-Way” of the Madison General Ordinances is amended as follows:
“(1) Definitions. For the purposes of this Section, in addition to the definitions provided in Wis. Stat. Sec. 66.0414(1), the following definitions apply:”
2. Subsection (2) entitled “Purpose” of Section 10.053 entitled “Wireless Telecommunications Facilities in the Right-of-Way” of the Madison General Ordinances is amended as follows:
“(2) Purpose. In the exercise of its police powers, the City has priority over all other uses of the right-of-way. The purpose of this Section is to provide the City with a process for managing, and uniform standards for acting upon, requests for the placement of wireless telecommunications facilities within the right-of-way consistent with the City's obligation to promote the public health, safety, and welfare; to manage the right-of-way; and to ensure that the public's use is not obstructed or incommoded by the use of the right-of-way for the placement of wireless telecommunications facilities. The City recognizes the importance of wireless telecommunications facilities to provide high-quality communications and internet access services to residents and businesses within the City. The City also recognizes its obligation to comply with applicable Federal and State laws regarding the placement of wireless telecommunications facilities in the right-of-way including, without limitation, the Telecommunications Act of 1996 (47 U.S.C. § 151 et seq.), Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Wis. Stat. § Secs. 66.0414, 182.017, and Wis. Stat. § 196.58, and this Section shall be interpreted consistent with those provisions. This Section is intended to be complimentary to Section 10.05.”
3. Paragraph 5 of Subdivision (b) entitled “Exempt Facilities” of Subsection (3) entitled “Scope” of Section 10.053 entitled “Wireless Telecommunications Facilities in the Right-of-Way” of the Madison General Ordinances is amended as follows:
“5. Modification or replacement of an existing wireless telecommunications facility that does not require a street excavation permit under Section 10.05 or a street occupation permit under Section 10.055, and if the work does not change the visual or audible characteristics of the wireless telecommunications facility is substantially similar to, or the same size or smaller than, the existing small wireless facility.”
4. Paragraph 6 of Subdivision (b) entitled “Exempt Facilities” of Subsection (3) entitled “Scope” of Section 10.053 entitled “Wireless Telecommunications Facilities in the Right-of-Way” of the Madison General Ordinances is created as follows:
“6. The installation, placement, maintenance, operation, or replacement of micro wireless facilities that are strung on cables between existing utility poles in compliance with the National Electrical Safety Code.”