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 amen...
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