Title
Introduction of Ordinance Amending the Alameda Municipal Code by: (1) Adding New Section 23-9 (Personal Wireless Service Facilities in the Public Right-Of-Way); and (2) Amending Section 2-59.3 (Limitation and Power to Make Contracts) to Exempt Master License Agreements for Use of Public Assets for Personal Wireless Service Facility Installation; and
Recommendation to Authorize the City Manager, or Designee, to Negotiate and Execute Master License Agreements for Use of Public Assets Consistent with Local Law. (Public Works)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
The national deployment of enhanced wireless networks has been the subject of interest in many communities, including the City of Alameda (City). In support of the goal of telecommunications companies' efforts to expedite wireless upgrades, the Federal Communications Commission (FCC) has moved to dramatically curtail the regulatory discretion of local jurisdictions. On September 5, 2017 City Council approved entering into a professional services and license agreement with XG Communities, LLC, for wireless telecommunications facilities consulting, marketing and management services for City assets in exchange for shared generated revenue. On December 2, 2019, XG provided the City a notice of termination effective January 21, 2020. Going forward in this dynamic regulatory climate, and in anticipation of an increased number of applications to install wireless technology on existing infrastructure (utility and streetlight poles), the proposed Ordinance maximizes the City's oversight of the public right-of-way while maintaining compliance with all legal requirements that significantly limit the City's local authority.
The proposed Ordinance ensures that wireless installations are regulated to the maximum extent provided under applicable federal law. Such proposed regulations include objective aesthetic standards for wireless facilities, more rigorous complianc...
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