HomeMy WebLinkAbout2014-07-08 - AGENDA REPORTS - FCC-WIRELESS FACILITY SITES (3)CONSENT CALENDAR
DATE:
SUBJECT:
DEPARTMENT:
Agenda Item: 7
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval
Item to be presented by:
July 8, 2014
Michael P. Murphy
FEDERAL RULEMAKING: WIRELESS FACILITY SITES
City Manager's Office
RECOMMENDED ACTION
City Council adopt the recommendation of the City Council Legislative Subcommittee to provide
comment to the Federal Communications Commission (FCC) regarding modification of existing
wireless facility sites and transmit copies to Santa Clarita's federal legislative delegation and the
League of California Cities.
BACKGROUND
On February 22, 2012, Congress passed the Middle Class Tax Relief and Job Creation Act.
Included within the federal legislation was Section 6409(a), Wireless Facilities Deployment.
Under Section 6409(a), "a state or local government may not deny, and shall approve, any
eligible facilities request for modification of an existing wireless tower or base station that does
not substantially change the physical dimensions of the tower or base station."
The FCC has issued a Notice of Proposed Rulemaking and is currently developing an
interpretation of Section 6409 as it would apply to local governments. The federal rulemaking
could potentially result in local zoning laws and policies related to modifications of existing
wireless facilities being preempted by federal mandates requiring local government approval of
specific types of modifications to existing wireless facilities. For example, under the proposed
rule, as it is currently written, local governments would be required to approve up to 20 -foot high
extensions to existing wireless towers, regardless of visibility or impacts to neighborhoods, or
environmentally sensitive areas.
As part of their process for developing the rule, the FCC held a formal comment period through
March 4, 2014. While the formal comment period has ended, the FCC is continuing to accept
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comments on this rulemaking.
On February 3, 2014, the League of California Cities along with the California State Association
of Counties and the National Associations of Telecommunications Officers and Advisors, filed
joint comments recommending that the FCC permit local governments to retain local land use
authority related to the siting of wireless facilities. The associations argue that the FCC should
refrain from interpreting Section 6409(a) and avoid making any new rules. In the event that the
FCC feels compelled to adopt new rules, the associations argue that the rulemaking define
specific terms and clarify that the scope of the preemption be limited to "components that
actually transmit or receive communication signals" while retaining local discretion over all other
elements of a wireless facility.
Contained within the 2014 City of Santa Clarita Legislative Platform, adopted by the City
Council on March 11, 2014, is a provision related to the FCC and wireless communication:
"Oppose regulatory efforts by the Federal Communications Commission to erode or eliminate
local government authority regarding siting of cellular communications towers or transmission
sites." The proposed rulemaking falls within the boundaries of the City Council's existing policy
statement.
The City Council Legislative Subcommittee met on June 16, 2014, and recommends that the City
Council approve their recommendation to provide comment to the FCC. The comments would
express the desire that the FCC implement no new rulemaking in this subject area; or, if
rulemaking is to occur, support for federal rules that retains existing local land use authority,
zoning authority, and local decision-making regarding the siting of new wireless facilities or
modifications to existing facilities.
ALTERNATIVE ACTIONS
1. Provide no comment to the Federal Communications Commission
2. Refer the recommendation back to the Legislative Subcommittee
3. Other direction as determined by the City Council
FISCAL IMPACT
No additional resources, beyond those contained within the adopted FY 2014-15 City budget, are
required for implementation of the recommended action.
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