City of Madison, Wisconsin | Legislative Information Center
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File #: 55033    Version: 1 Name: Wireless Telecommunications Facilities in right-of-way
Type: Ordinance Status: Passed
File created: 3/11/2019 In control: Attorney's Office/Approval Group
On agenda: 5/21/2019 Final action: 5/21/2019
Enactment date: 8/1/2019 Enactment #: ORD-19-00037
Title: Creating Section 10.053 of the Madison General Ordinances to create a permit for wireless telecommunications facilities in the right-of-way, amending Sections 1.08(3)(a) and (4) to establish a bond schedule and allowing additional enforcement authority by the City Traffic Engineer.
Sponsors: Keith Furman, Michael J. Tierney, Michael E. Verveer, Sheri Carter
Attachments: 1. Body, 2. Kenney.email.4.11.19
Fiscal Note
The proposed ordinance creates a permit for wireless telecommunications facilities in the right-of-way. Permit fees are anticipated to be determined prior to August 1, 2019, the effective date of the ordinance.The permit fee will be set to recover the City’s reasonable costs to administer the permit consistent with federal limitations.
Title
Creating Section 10.053 of the Madison General Ordinances to create a permit for wireless telecommunications facilities in the right-of-way, amending Sections 1.08(3)(a) and (4) to establish a bond schedule and allowing additional enforcement authority by the City Traffic Engineer.
Body
DRAFTER'S ANALYSIS: This ordinance would create, to the extent allowed by Federal and State laws and regulations, a wireless telecommunications facility permit.

There has been an increased demand to place small cell wireless facilities in the right-of-way on existing or new infrastructure, which demand is being driven to address the cellular data needs of the public and the forthcoming deployment of “5g” cellular networks. This new technology is based upon the deployment of a vast network of “small” wireless facilities throughout the coverage area. Several different providers have already contacted the City about the placement of these facilities in the right-of-way, collocated on existing poles, on new poles and even on City-owned infrastructure outside of the right-of-way. The City currently does not separately regulate small cell facilities, but telecommunication carriers are required to comply with Section 10.05, MGO, when placing facilities in the right-of-way.

In 2018, the Federal Communication Commission released FCC-18-133, an order interpreting federal law that limits state and local regulation of small cell placement in the right-of-way based upon federal preemption grounds. Under federal law and the order, municipal regulations are preempted if they prohibit or have the effect of prohibiting the provision o...

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