Title
Final Passage 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. (Public Works)
Body
The staff report for this ordinance was included when the ordinance was introduced and is available at the following link:
https://alameda.legistar.com/LegislationDetail.aspx?ID=4314117&GUID=6192D0D6-F304-4B37-A216-43840F9AA494&Options=&Search=&FullText=1
CITY OF ALAMEDA ORDINANCE NO. _________
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY: (1) ADDING NEW SECTION 23-9 (PERSONAL WIRELESS SERVICE FACILITIES IN THE PUBLIC RIGHT-OF-WAY); (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
WHEREAS, the Telecommunications Act of 1996 (TCA) recognized that cities have authority to regulate personal wireless service facilities, but limited the scope of such regulation; and
WHEREAS, the TCA prevents cities from prohibiting or effectively prohibiting these facilities and requires cities to act on applications for these facilities within a reasonable timeframe; and
WHEREAS, Congress passed Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 on February 22, 2012, generally requires that a state and local government "may not deny, and shall approve" certain applications for substantial changes to existing sites that modify transmission equipment at an existing wireless tower or base station; and
WHEREAS, in 2014 the Federal Communications Commission (FCC) adopted regulations interpreting Section 6409(a) that established an expedited timeframe for the review of proposed modifications and defined key ter...
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