HomeMy WebLinkAboutResolution 2021-052 N.C.S. 4/19/2021
Resolution No. 2021-052 N.C.S. Page 1
Resolution No. 2021-052 N.C.S.
of the City of Petaluma, California
RESOLUTION IN OPPOSITION TO SB 556 (DODD) REQUIRING LOCAL AGENCIES TO MAKE SPACE ON STREET LIGHT POLES, TRAFFIC SIGNAL POLES, UTILITY POLES, AND SUPPORT
STRUCTURES FOR CABLE TELEVISION CORPORATION, VIDEO SERVICE PROVIDERS, AND TELEPHONE CORPORATION EQUIPMENT WHEREAS, the California Public Utilities Code, Section 7901.1 allows local agencies, such as the City of
Petaluma, the right to control the time, place, and manner where telecommunications facilities can be located in
City’s right of way, provided the controls are applied to all entities in an equivalent manner, and WHEREAS, the City of Petaluma adopted Ordinance 2662 N.C.S. on September 10, 2018, amending Chapter 14.44 of the Petaluma Municipal Code and Chapter 7, Section 7.090 of the Implementing Zoning Ordinance
(IZO) regarding small cell facilities; and
WHEREAS, Ordinance 2662 N.C.S. requires that small cell facilities to be installed, erected, maintained, and operated, including the following:
A. The Small Cell antenna must connect to an already existing utility pole that can support its weight.
B. All new wires needed to service the Small Cell must be installed within the width of the existing utility pole so as to not exceed the diameter and height of the existing utility pole. C. All ground-mounted equipment not installed inside the pole must be undergrounded, flush to the ground, within three feet of the utility pole.
D. Each Small Cell must be at least 1,500 feet away from the nearest Small Cell facility.
E. Aside from the transmitter/antenna itself, no additional equipment may be visible. F. Each Small Cell must be at least 500 feet away from any existing or approved residence. G. An encroachment permit must be obtained for any work in the public right of way; and
WHEREAS, SB 556 (Dodd), as amended on March 16, 2021, conflicts with the City of Petaluma’s Municipal
Code and Implementing Zoning Ordinance in the areas of ensuring adequate pole capacity, undergrounding ground-mounted equipment and preventing ADA access issues, addressing proximity to other small cell facilities or residences, and aesthetics; and
WHEREAS, SB 556 does not require communications service providers to prioritize broadband access to
rural or low-income communities, nor does it require a demonstration of need for additional equipment. NOW, THEREFORE, be it resolved by the City Council of the City of Petaluma that has taken a position of Opposition to SB 556 and authorizes the submission of the Letter of Opposition contained in Exhibit A of this
Resolution.
DocuSign Envelope ID: 411B3CB7-E721-4E2E-8DAB-C35C2286A074
Resolution No. 2021-052 N.C.S. Page 2
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular meeting on the 19th day of April
2021, by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: Mayor Barrett; Vice Mayor Barnacle; Fischer; Healy; King; McDonnell; Pocekay
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
DocuSign Envelope ID: 411B3CB7-E721-4E2E-8DAB-C35C2286A074
CITY OF PETALUMA
POST OFFICE BOX 61 PETALUMA, CA 94953-0061
Teresa Barrett Mayor
Brian Barnacle D’Lynda Fischer Mike Healy Dave King Kevin McDonnell Dennis Pocekay Councilmembers
City Manager’s Office 11 English Street Petaluma, CA 94952
Phone (707) 778-4345
E-Mail: citymgr@cityofpetaluma.org
Economic Development Phone (707) 778-4549 Fax (707) 778-4586
Housing Division Phone (707) 778-4555 Fax (707) 778- 4586
Information Technology Division Phone (707) 778-4417 Fax (707) 776-3623
April 19, 2021
The Honorable Ben Hueso Chair, Senate Energy, Utilities, and Communications Committee State Capitol Building, Room 4035 Sacramento, CA 95814
RE: SB 556 (Dodd) Street Light Poles, Traffic Signal Poles, Utility Poles, and Support Structures: Attachments. Notice of OPPOSITION (As Amended 03/16/21)
Dear Senator Hueso,
The City of Petaluma respectfully opposes SB 556 (Dodd), related to wireless broadband infrastructure deployment.
SB 556 directly conflicts with Section 332 (c) (7) of Title 47 of the U.S. Code, part of the Telecommunications Act of 1996 and the City of Petaluma’s Municipal Code and Implementing Zoning Ordinance with regard to regulations on wireless services deployment. This bill requires local governments to make space available to telecommunications providers without recognizing local authority to manage the public right-of-way preserved in federal law. FCC regulations explicitly enable local governments to ensure that such installations meet appearance and design standards, maintain traffic safety, protect historical resources' integrity, and safeguard citizens' quality of life. To protect the public's
investment, the control of the public rights-of-way must remain local.
Additionally, SB 556 creates ambiguity in the fees local governments can charge for access to their infrastructure. Federal law explicitly outlines conditions for valid fees, limiting fees to a "reasonable approximation of the local government's actual and direct costs," including costs to maintain a structure within the right-of-way, process an application or permit, and review a siting application. SB 556, on the other hand, chooses not to incorporate these federal standards, further restricting fees to "actual cost" and "reasonable actual cost." If the goal of SB 556 is to
implement the existing FCC orders in state law, there should be no added ambiguity created by changes from what was already decided at the federal level.
SB 556 does not adequately address the following issues which directly conflict with the City of Petaluma’s Municipal Code and Implementing Zoning Ordinance: 1.Whether the poles are adequately engineered to accommodate the weight
of additional equipment, responsibility for making this determination, orliability in the event of damage to the pole or equipment installed on thepole
2.Petaluma’s requirements for undergrounding equipment or otherwisepreventing ADA access issues or liability for ground-mounted equipment3.Proximity to other small cell facilities or proximity to existing or approved
residences4.Aesthetics or otherwise masking equipment from view
EXHIBIT ADocuSign Envelope ID: 411B3CB7-E721-4E2E-8DAB-C35C2286A074
SB 556 is an attempt by the telecommunications industry to undermine local authority while making no meaningful progress towards closing the digital divide in California's unserved and underserved communities. As previously mentioned, cities and counties across the nation are implementing the FCC's orders. If California is to close the digital divide, legislative efforts should focus on encouraging and incentivizing telecommunications companies to service areas that for too long have not had access to reliable and affordable internet.
While the City of Petaluma stands ready to work with the Legislature to further the state's broadband goals, SB 556 directly conflicts with the appropriate local authority to manage the right-of-way and comply with existing FCC decisions. For these reasons, the City of Petaluma opposes SB 556 (Dodd).
Sincerely,
______________________ ______________________
Teresa Barrett Brian Barnacle
Mayor Vice Mayor
______________________ ______________________
D’Lynda Fischer Mike Healy
Councilmember Councilmember
______________________ ______________________
Dave King Kevin McDonnell
Councilmember Councilmember
______________________
Dennis Pocekay
Councilmember
cc: The Honorable Bill Dodd, Senator The Honorable Marc Levine, Assemblymember Nancy Hall Bennett, nbennett@cacities.org League of California Cities, cityletters@cacities.org
DocuSign Envelope ID: 411B3CB7-E721-4E2E-8DAB-C35C2286A074