Reso 2012-106 - Laserfiche WebLink

Home

San Leandro Commercial Broadband Strategy 3. City Policy Review 3.1. Placement of broadband facilities in public right of ways The Encroachments Chapter (5 -1) of the San Leandro Municipal Code sets out a clear process for anyone who wishes to install broadband facilities — such as conduit, fiber optics or equipment vaults — in a public right of way. It begins by stating "no person shall ... place on, over or under [a] street any pipe line, conduit or other fixture... without having first obtained a permit." It then goes on to detail the required steps and applicable standards for obtaining a permit. The same rules apply to street side cabinets, underground vaults and other equipment placements, and indeed nearly any other kind of encroachment, for example building a fence, blocking a street or planting a tree. There are no specific requirements pertaining to fiber optic lines and other telecommunications gear. The general requirements that do apply concern things such as maintaining public access to streets, having proper insurance, performing the work to a proper standard and repairing any damage caused. Any activity in a public right of way is exempt from zoning or similar restrictions. Applicants are only required to apply to the Engineering and Transportation Department for an encroachment permit, which are typically granted if the proposal meets the technical standards referenced in the Municipal Code. City staff have thirty days to either grant the permit, with or without conditions, or provide specific reasons in writing for its rejection. AT &T's Project Lightspeed is a recent exception. The Community Development Department was asked to review AT &T's request to place 114 equipment cabinets on city streets as part of a proactive effort to make sure residents understood what was happening and why. The objective was to ensure that consistent and acceptable measures are taken to address public safety and aesthetic concerns throughout the City. The result was a staff memo (Appendix B) issued in September 2007 that outlined a cooperative process intended to facilitate the upgrading of AT &T's residential broadband service while addressing public concerns. City staff worked with AT &T to evaluate each specific location, identify and implement any mitigation measures necessary to avoid problems such as negative aesthetic or public safety impacts and provide detailed notice to people living and working in the vicinity. Where it was deemed necessary, proposed box sites were moved to more appropriate locations. 16 July 2012 TellusVenture Associates Page 16