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File Number: 18-667 <br />In response to increases in cellular data use, mobile service providers have begun to supplement <br />their current 4G networks, and prepare for 5G, by deploying small cellular base stations (“small <br />cells”). These deployments depend on closely spaced antennas for which street lights and other <br />municipal vertical assets are ideal for installation sites. <br />On September 26, 2018, the Federal Communications Commission (FCC) issued a new <br />Declaratory Ruling and Third Report and Order (“Order” or “FCC Order”) which will significantly <br />impact local regulation of small cell wireless telecommunications facilities. On October 15, 2018, <br />the Order was incorporated into the Federal Register, establishing the new rules and thus <br />preempting certain local regulations applicable to small cell facilities. On January 14, 2019, the <br />Order is scheduled to take effect. <br />The San Leandro Municipal Code currently does not focus specifically on wireless <br />telecommunications facilities and related infrastructure within the public right-of-way, and <br />standards have not been adopted to reflect the development of wireless telecommunications <br />technologies such as small cell wireless facilities and DAS systems (Distributed Antenna <br />Systems), which are now the preferred method of providing wireless telecommunications <br />services. <br />Analysis <br />City staff has been negotiating with wireless companies to develop individual agreements by <br />which providers could attach small cell equipment onto City-owned assets, such as street lights <br />(“City Poles”). On December 3, 2018, following discussions with the City Council and the City <br />Council Facilities and Transportation Committee, the Council approved a Master License <br />Agreement with ExteNet Systems, a wireless infrastructure provider, to install small cells on City <br />Poles. <br />However, the FCC Order adopted on September 26, 2018, was intended to preempt some local <br />authority over small cell deployments. The Order is intended to facilitate the spread, growth, and <br />accumulation of small cell facilities over a short period of time. To effectuate this policy, the Order <br />establishes a “shot clock” period for cities to review, comment upon, consider, and make a final <br />determination upon small cell applications at 90 days for new facilities and 30 days for co-located <br />and modified facilities. <br />To create a single set of rules for all providers that reduces the administrative burden on the City <br />and promotes a level playing field among competitor licensees, staff recommends the City <br />Council adopt a framework in the form of a MLA that providers must execute in order to access <br />City-owned infrastructure. <br />Staff also undertook a thorough analysis to ascertain costs relating to the procurement, <br />construction, installation, and maintenance of City Poles and found that the City-owned <br />infrastructure suitable for installing equipment associated with enhancing wireless <br />telecommunications services contains not only the poles located within the public right-of-way, but <br />also conduits, pull-boxes, power circuits, panels, electricity, and other related facilities, also <br />located in the public right-of-way (“Associated Facilities”). <br />Page 2 City of San Leandro Printed on 12/21/2018