CCW PACKET

COUNCIL COMMITTEE OF THE WHOLE AGENDA OCTOBER 23, 2018 - 6:00 P.M. CITY HALL COUNCIL CHAMBERS 15 LOOCKERMAN PLAZA, DOVER, DELAWARE PUBLIC COMMENTS ARE WELCOMED ON ANY ITEM AND WILL BE PERMITTED AT APPROPRIATE TIMES. WHEN POSSIBLE, PLEASE NOTIFY THE CITY CLERK (736-7008 OR E-MAIL AT CITYCLERK@DOVER.DE.US) SHOULD YOU WISH TO BE RECOGNIZED. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE AGENDA ADDITIONS/DELETIONS 1. AMBULANCE SERVICES - REQUESTED LEVEL OF SERVICE (STAFF RECOMMENDS ESTABLISHING THE LEVEL OF EMERGENCY MEDICAL SERVICES (EMS) DESIRED BY THE COMMITTEE AND RECOMMENDING THE SAME TO CITY COUNCIL FOR INCLUSION IN AN ADDENDUM TO THE ORIGINAL RFP #19-0001CM) 2. PROPOSED ORDINANCE #2018-12 AMENDING CHAPTER 70 - OFFENSES AND MISCELLANEOUS PROVISIONS, SECTION - 70-5 AGGRESSIVE PANHANDLING AND APPENDIX F - FEES AND FINES (SPONSORS: HARE AND POLCE) 3. ADJOURNMENT OF SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING UTILITY COMMITTEE AGENDA ADDITIONS/DELETIONS 1. SMALL CELL WIRELESS ACTION PLAN (COMMITTEE ACTION NOT REQUIRED) 2. ADJOURNMENT OF UTILITY COMMITTEE MEETING ADJOURNMENT OF COUNCIL COMMITTEE OF THE WHOLE MEETING /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\COMMITTEE-AGENDAS\2018\10-23-2018 CCW AGENDA.WPD THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(E)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING.

ACTION FORM PROCEEDING: Council Committee of the Whole – Safety, Advisory, & Transportation DEPARTMENT OF ORIGIN: City Manager’s Office DATE SUBMITTED: 10-16-18 PREPARED BY: Donna Mitchell, City Manager SUBJECT: Ambulance Services – Requested Level of Service REFERENCE: RFP Number #19-0001CM EXPENDITURE REQUIRED: ANNUAL BUDGET: FY19 $245,000 FUNDING SOURCE (Dept./Page in CIP & Budget): FY19 Budget TIME TABLE: Effective April 1, 2019 RECOMMENDED ACTION: Establish level of EMS Service desired by the Committee and recommend the same to City Council for inclusion in an addendum to the original RFP #19-0001CM. BACKGROUND AND ANALYSIS The Ambulance Service RFP #19-0001CM recommendation was presented to CCW – Safety Advisory and Transportation Committee on August 28, 2018. During its meeting of the Committee discussed the level of service for Ambulance Services since two of the proposals submitted included a higher level of service than was requested in the Request for Proposal (RFP). No action was taken by the Committee on this item. At its meeting of September 10, 2018, City Council continued the ambulance level of service discussion. Council referred this matter back to the CCW- Safety Advisory and Transportation Committee with instructions to staff to determine how best to request revised responses from each of the respondents which address both the one (1) and two (2) EMT crew options and come back with revised responses from each of the respondents. Staff recommends that an addendum be added to the Request for Proposal for an Alternate Service level as desired by the Committee and Council. The original proposals cannot be adjusted from their original form except for the Addendum response and pricing of both levels of service (A & B). The current level of service as budgeted is as follows – RFP Requested Level of Service (A) Desired Level of Service (B) First unit 24 hours, 7 days per week Second unit 16 hours, 7 a.m. to 11 p.m. Staffing – 1 EMT 1 EMR with EVOC Since the time of the above discussion, the Dover Fire Department voted not to permit any use of their facilities for Ambulance Services. Staff is agreeable to accept a change in the Saint Francis proposal for a mutually agreed to location provision that was included in the Request for Proposal. The City will also be including a contract re-opener provision to partner with the vendor when bidding on other services in Dover’s EMS territory. The contract start date will be April 1, 2019.

CITY OF DOVER PROPOSED ORDINANCE #2018-12 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Chapter 70 - Offenses and Miscellaneous Provisions, Section 70-5 - Aggressive panhandling of the 4 Dover Code be amended by deleting the text indicated in red strikeout and inserting the bold, blue text, as 5 follows: 6 Sec. 70-5. - Aggressive panhandling Panhandling and false or misleading solicitation. 7 (a) Definitions. The following words, terms and phrases, when used in this section, shall have the 8 meanings ascribed to them in this subsection, except where the context clearly indicates a different 9 meaning: 10 Accosting means approaching or speaking to someone in such a manner as would cause a reasonable 11 person to fear imminent bodily harm or the commission of a criminal act upon his person, or upon 12 property in his immediate possession. 13 Alms means money, food, or other donations given to the poor or needy; anything given as 14 charity. 15 Ask, beg, panhandle, request and solicit mean and include, without limitation, the spoken, written 16 or printed word or such other acts as are conducted in furtherance of the purpose of obtaining alms. 17 Forcing oneself upon the company of another means continuing to request, beg or solicit alms from 18 a person after that person has made a negative response, blocking the passage of the individual 19 addressed or otherwise engaging in conduct that could reasonably be construed as intended to compel 20 or force a person to accede to demands. 21 (b) Time of panhandling. Any person who panhandles after sunset or before sunrise is guilty of a 22 violation of this section of the city Code. Solicitation of money and other things of value. It shall 23 be unlawful for any person to solicit money or other things of value: 24 (1) On private property if the owner, tenant or lawful occupant has asked the person not to 25 solicit on the property, or has posted a sign clearly indicating that solicitations are not 26 welcome on the property; 27 (2) Within 15 feet of the entrance to or exit from any public toilet facility; 28 (3) Within 15 feet of an automated teller machine, provided that when an automated teller 29 machine is located within an automated teller machine facility, such distance shall be 30 measured from the entrance or exit of the automated teller machine facility; 31 (4) Within 15 feet of any pay telephone, provided that when a pay telephone is located within 32 a telephone booth or other facility, such distance shall be measured from the entrance or 33 exit of the telephone booth or facility; 34 (5) In any public transportation vehicle, or in any bus or subway station, or within 15 feet of

Proposed Ordinance #2018-12 - Ch. 70 - Offenses, Sec. 70-5 - Panhandling and Appendix F Page 2 35 any bus stop or taxistand; 36 (6) From any operator of a motor vehicle that is in traffic on a public street; provided, 37 however, that this subsection shall not apply to services rendered in connection with 38 emergency repairs requested by the owner or passengers of such vehicle; 39 (7) From any person who is waiting in line for entry to any building, public or private, 40 including, but not limited to, any residence, business or athletic facility; 41 (8) Within 15 feet of the entrance to or exit from a building, public or private, including, but 42 not limited to, any residence, business or athletic facility; 43 (9) By accosting another; or 44 (10) By forcing oneself upon the company of another. 45 (c) Place of panhandling. Any person who panhandles when the person solicited is in any of the 46 following places is guilty of a violation of this article: 47 (1) At any bus stop or train stop; 48 (2) In any public transportation vehicle or facility; 49 (3) In any vehicle on any city street; or 50 (4) On private property, unless the panhandler has permission from the owner or the 51 occupant. 52 (d) Manner of panhandling. Any person who panhandles in any of the following manners is guilty 53 of a violation of this article: 54 (1) By coming within three feet of the person solicited until that person has indicated that he 55 or she does wish to make a donation; 56 (2) By blocking the path of the person soliciting along a sidewalk or street; 57 (3) By following a person who walks away from the panhandler; 58 (4) By using profane or abusive language, either during the solicitation or following a refusal; 59 (5) By panhandling in a group of two or more persons; or 60 (6) By any statement, gesture, or other communication which a reasonable person in the 61 situation of the person solicited would perceive to be a threat. 62 (e) False or misleading solicitation. Any person who knowingly makes any false or misleading 63 representation in the course of soliciting a donation is guilty of a violation of this article. False 64 or misleading representations include, but are not limited to, the following: 65 (1) Stating that the donation is needed to meet a specific need, when the solicitor already has 66 sufficient funds to meet that need and does not disclose that fact; 67 (2) Stating that the donation is needed to meet a need which does not exist; 68 (3) Stating that the solicitor is from out of town and stranded, when that is not true; 69 (4) Wearing a military uniform or other indication of military service, when the solicitor is 70 neither a present nor former member of the service indicated; 71 (5) Wearing or displaying an indication of physical disability, when the solicitor does not

Proposed Ordinance #2018-12 - Ch. 70 - Offenses, Sec. 70-5 - Panhandling and Appendix F Page 3 72 suffer the disability indicated; 73 (6) Use of any make-up or device to simulate any deformity; or 74 (7) Stating that the solicitor is homeless, when he is not. 75 (f) Permit requirement. 76 (1) No person shall panhandle on five or more days in a single calendar year without a permit 77 issued by the police department. A person who has been issued a permit shall keep it on 78 his or her person at all times while panhandling and show it to any police officer upon 79 request. No person whose permit has been revoked shall panhandle for a period of two 80 years following the revocation. Any person who violates this subsection is guilty of a 81 violation of this article. 82 (2) The police department shall issue the permit for a fee, as provided for in Appendix F - Fees 83 and Fines, to any eligible person who presents himself at the police station, states his true 84 name, presents a photo identification or signs a declaration under penalty of perjury that 85 he has no such identification, and permits himself to be photographed and fingerprinted. 86 (3) A person is ineligible for a permit if and only if within the past five years he (1) has been 87 convicted of two or more violations of this article, (2) has had a permit revoked pursuant 88 to subsections (5) or (6) of this section, or (3) has been convicted of two or more offenses 89 under the law of any jurisdiction which involve aggressive or intimidating behavior while 90 panhandling or false or misleading representations while panhandling. 91 (4) If the police department is unable to determine eligibility within 24 hours of the 92 application, the department shall issue a permit good for 30 days and determine eligibility 93 for a regular permit before the temporary permit expires. The regular permit shall expire 94 one year from the date of issuance. Along with the permit, the police department shall give 95 the applicant a copy of this section. 96 (5) Any person who makes any false or misleading representation while apply for a period 97 under this section is guilty of a violation of this article. Upon conviction of violation of this 98 subsection, the police department shall revoke any permit issued to the subject defendant 99 under this section. 100 (6) If a permit is issued to a person under this section and that person subsequently commits 101 and is convicted of a violation of any provision of this article, the police department shall 102 revoke the permit. 103 (g) Violations; penalties. 104 Each section of this article is distinct and any violation of any section is a separate violation of 105 this article. A conviction of a violation of any section of this article shall be punishable by a fine 106 in accordance with Appendix F - Fees and Fines. 107 (Code 1981, § 14-13; Ord. of 9-8-2003)

Proposed Ordinance #2018-12 - Ch. 70 - Offenses, Sec. 70-5 - Panhandling and Appendix F Page 4 108 BE IT FURTHER ORDAINED: 109 That Appendix F - Fees and Fines of the Dover Code be amended by inserting the text indicated in bold, 110 blue font, as follows: 111 Chapter 70. - Offenses and Miscellaneous Provisions 112 Chapter 70. Offenses and Miscellaneous Provisions Fees and Fines 113 Sec. 70-1. Combative fighting Not to exceed $1,000.00. Separate fines may be issued to the promoter 114 Subsec. (d)(1) Violations; penalties, fines of such an event, participants in such an event, and the owner of the premises of such an event 115 Sec. 70-2. Weapons generally Not less than $500.00, nor more 116 Subsec. (e)(1) Penalties; fines than $1,000.00 117 Sec. 70-5. Panhandling and fraudulent solicitation 118 Subsec. (f)(2) Permit; fee $250.00 119 Subsec. (g) Violations; penalties Not to exceed $500.00 120 Sec. 70-7. Registered sexual offenders $500.00 for any offense; each day 121 Subsec. (f) Penalties shall constitute a separate offense Not to exceed $1,000.00 for any 122 Subsec. 70-8. Disorderly premises offense. 123 ADOPTED: * 124 S:\ORDINANCES\2018\DRAFT\ORDINANCE #2018-12 CH 70-OFFENSES, SEC 70-5 AGGRESSIVE PANHANDLING\ORDINANCE #2018-12 Ch 70-Offenses and Misc, Sec. 70-5 Panhandling.wpd 125 SYNOPSIS 126 The amendment expands upon the existing section to include "false or misleading solicitation", 127 prohibits panhandling between sunset and sunrise under any circumstances, prohibits 128 panhandling in certain places and situations, requires a permit, and adds a fine for violations. 129 (SPONSORS: HARE AND POLCE) 130 Actions History 131 10/23/2018 - Scheduled for Introduction - Council Committee of the Whole/Safety Advisory and Transportation Committee

City of Dover Electric Department Small Cell Wireless Action Plan Presentation to the Utility Committee October 23, 2018

Overview  The wireless technology environment is evolving at an ever- increasing pace driven by the Internet of Things (IoT)  The pending roll out of 5G internet service is forcing cities to address the deployment of more wireless facilities and infrastructure  Cities must face a number of policy, public safety, land-use and right-of way considerations  The Federal Communications Commission (FCC) and many states, including Delaware, have established rules designed to facilitate installation of “small cell wireless” devices a/k/a Wireless Communications Facilities (WCF) October 23, 2018 2

Why are we doing this now?  The FCC and State of Delaware have set out rules and criteria that set tight application approval timelines and severely constrain local control  It is in Dover’s best interest to implement a process that meets Federal and State requirements and facilitates small cell wireless buildout that could enhance economic development objectives  An key objective is to have these devices installed on existing poles of the Electric Department October 23, 2018 3

Macro vs Small Cell Macrocell technology is better for large, low- density populations like residential areas. Small cells are good for small, dense population areas with high capacity needs. October 23, 2018 4

Examples of Small Cell Devices October 23, 2018 5

Federal Rules 1. Creates two approval “shot clocks” for local governments: – 60 days to complete review of application for co-located small cells – 90 days for small cells on new structures Shot clock begins upon submission of an application, regardless of completion 2. Establishes definitions of two key terms: – Small wireless facilities • including an antenna of no more than 6 cubic feet; • equipment totaling no more than 28 cubic feet; and • placed on a structure that is either no more than 50 feet in height, no more than 10 percent taller than adjacent structures, or no more than 10 percent taller than the structure's preexisting height after the new antenna is placed. – Co-location: defined as placing an antenna on any existing structure, regardless of whether that structure already has wireless equipment on it, or whether it has been zoned for placing that equipment. October 23, 2018 6

Federal Rules – cont. 3. Limits application fees for all small wireless facilities: – $500 for up to five sites, and – $100 per site for each site thereafter 4. Limits recurring fees – Sets “presumptively reasonable” fee of $270 per site per year ($22.50/month) unless higher actual costs can be justified – Electric usage will be added 5. Limits allowable local aesthetic requirements, including minimum spacing requirements, to those that are "(1) reasonable, (2) no more burdensome than those applied to other types of infrastructure deployments, and (3) published in advance." October 23, 2018 7

State Rules 1. House Bill 189, enacted August 2017 2. Applies to small wireless facilities on the State’s rights-of-way 3. Applications shall be deemed approved if the Department (DelDOT) fails to approve or deny it within 60 days 4. Application fee not to exceed $100 Relevance to Dover? The Electric Department has facilities (poles) in place in State ROW. October 23, 2018 8

Action Plan 1. Adopt relevant changes to the City’s Zoning Code – Legal guidance is that provisions should reside the zoning code per the authority established by the Telecommunications Act of 1996 2. Modify the Electric Department’s Pole Attachment Fee Ordinance 3. Draft a Small Cell Master License Agreement 4. Draft a Right-of-Way Use Agreement October 23, 2018 9

Next Steps 1. Prepare necessary changes / new provisions and agreements 2. Meet with key stakeholders: – DelDOT – Wireless providers (Verizon, AT&T, etc.) – Wireless contractors (e.g. Mobilitie, Crown Castle, ATC, NewPath) 3. Present to City Council, Utility Committee, Planning Commission for review and approval  Strive to have in place early in the new year (January – February)  An applicant is looking to have equipment operational by Memorial Day 2019 October 23, 2018 10

Other considerations  Implementation by DelDOT  Clarification of roles and authority of Electric Department outside City limits  Interaction with other municipalities and Kent County served by the Electric Department  Application “pancaking” concerns October 23, 2018 11

Helpful resource  National League of Cities – Municipal Action Guide October 23, 2018 12

MUNICIPAL ACTION GUIDE Small Cell Wireless Technology in Cities

Small Cell Wireless Technology in Cities Introduction From our connected homes, where everything is controlled by the internet, to our workplaces, where reliable broadband access is paramount for almost every type of job, technology is impacting every facet of our daily lives. Cities are inextricably linked to the internet, and the integration of new technologies promises better and more innovative ways to serve our residents. With this seismic shift toward smart cities reality, city officials must also face a number and the internet of things (IoT), reliance of policy, public safety, land-use and right-of- on wireless and wireline broadband way considerations. infrastructure is becoming greater and greater. Mobile phones, IoT devices and As cities navigate this rapidly-changing policy other small wireless gadgets are becoming issue with both wireless and infrastructure ubiquitous. Wireless data consumption has providers and community residents, a number reached approximately 1.8 exabytes per of considerations for the different stakeholders month in North America alone, and that begin to emerge. This action guide from the number is projected to grow six-fold by National League of Cities (NLC) provides an 2022. 2 As various wireless providers maintain overview of small cell technology, as well as that the roll out of 5G internet service is guidance on how local governments can plan approaching, and the IoT proliferates with for, develop policy and processes around, and the connection of millions of new smart manage the deployment of, small cell wireless devices to the internet, cities must face the infrastructure. It will also provide city leaders reality that to meet the increasing demands with strategies for proactively engaging with of residents, more wireless facilities and wireless providers and residents to plan for infrastructure must be deployed. With that small cell networks in their communities. Every consumer product and piece of infrastructure increasingly has the ability to sense surrounding stimuli, to communicate with other devices and people, and to draw on the computing and storage power of the cloud. This phenomenon has been dubbed The Internet the internet of things (IoT). The more smart devices and sharing platforms there are, the of Things more data is generated about consumer preferences and habits. But what does this mean for cities? Smart cities are employing the same technology to connect their disparate in Connected utility, infrastructure and public service grids, generating real-time aggregate data. This, Cities in turn, can help cities manage their programs and services more effectively and gauge their impact for residents, businesses and visitors immediately. The city of the future is an interconnected one, where devices communicate with one another in a constant stream of data that provides real-time information to the public and to the municipality.3 2 NATIONAL LEAGUE OF CITIES

What is a ‘Smart City’? The term ‘smart city’ sometimes seems to mean everything and nothing all at once, and a common question about the phenomena is some variation on, “what is a smart city?”. A smart city is a city that has developed technological infrastructure that enables it to collect, aggregate and analyze real-time data and has made a concerted effort to use that data to improve the lives of its residents and the economic viability of the community. Smart city initiatives often involve four components: the underlying communications infrastructure, information and communication technologies (ICTs) that generate and aggregate data; analytical tools which convert that data into usable information; and organizational structures that encourage collaboration, innovation and the application of that information to solve public problems.1 Examples include water or utility monitoring devices that promote efficient or sustainable usage, smart streetlights that double as gunshot spotters and communicate with city administrators when they need maintenance, and traffic control and management systems that streamline A small cell pole in the median traffic bottlenecks and report of the Las Vegas Strip. congestion and traffic data to (Photograph by SmartWorks Partners) city transportation planners. MUNICIPAL ACTION GUIDE 3

Small Cell Wireless Technology in Cities Small Cell Technology What is small cell smaller than those deployed at macrocell technology? sites, and are often attached to buildings, As wireless data usage continues to rooftops and structures in public rights-of- escalate, providers must find new and way (ROW), including utility and light poles innovative ways to keep up with consumer and other street furniture.4 Pole- or ground- demand for more speed and data capacity. mounted equipment accompanying the One way to address the capacity crunch is antenna may also be needed and can be as by deploying “small cells,” a type of wireless big as a large refrigerator. This equipment technology for broadband infrastructure. may be in the ROW, or on other public or Various federal, state and local laws define private property. small cell differently. Generally, “small cell” refers to both the smaller coverage area These facilities help to complement or of the wireless signal, and the smaller stretch macrocell coverage and add size of the infrastructure. Small capacity in high demand areas.5 Small cell installations generally cover cell infrastructure is typically deployed to much smaller geographic areas alleviate capacity constraints where crowds — measured in hundreds of feet gather or to cover targeted areas, including — than the traditional macrocell public squares and spaces, downtown towers that can cover miles in each pedestrian areas, parks, office buildings, direction. The antennas are much campuses, or stadiums and arenas. Macrocell vs. Small Cell: Although they serve different purposes, Small Cell: Small cell macrocell and technology is much more small cell technologies discreet, mounted on existing complement each other. structures like rooftops and utility poles. Sometimes, they are accompanied by refrigerator-sized equipment. Because small cells only supply Macrocell: Traditional a few hundred feet of coverage, macrocell towers have a they are best suited for dense coverage area that spans areas like downtowns. several miles. They’re hard to miss, although their signal degrades towards the edge of their coverage areas. 4 NATIONAL LEAGUE OF CITIES

What are some of the mounted equipment associated with benefits to cities? some small cell facilities obstructing a With the increasing usage of wireless crowded city’s rights-of-way. In addition, devices and data, cities are facing recent state and federal efforts to speed increased demand for reliable wireless the deployment of small cell facilities service. Small cell facilities can be used to have focused on preempting local increase the mobile broadband network authority to review and control small cell capacity in cities. This improved service deployments, or to collect fair rents for and capacity has many advantages, the use of public property. including economic competitiveness, a “tech friendly” reputation, and more What federal and state opportunities to deploy smart city and policies apply to municipal IoT applications. Given that up to 80% of siting processes? today’s 911 calls are placed via wireless The siting of wireless infrastructure is phones, robust wireless networks are also governed by local, state and federal law. critical to public safety.6 Most wireless infrastructure siting is governed by the applicable government entity with control over the facility’s What are some property or location, and there may also of the risks to cities? be state and/or federal laws that apply to Often, wireless providers will want small local determination. Local governments cells deployed in dense urban areas assess applications for permits to build to provide adequate capacity in high new or alter existing wireless facilities for demand spots, and each provider will a variety of purposes, including public want its own facility installed to cover safety, overall management of public the same dense area. Thus, there may be property or rights-of-way, accessibility several requests to locate such facilities requirements, environmental issues, land in the same general areas, such that four use and community aesthetics. Local polls in a row will have small cells from governments may charge wireless service four different wireless companies. This providers or wireless facility providers can result in clusters of small cells that are for application processing, access to visually unappealing and detract from the the rights-of-way, and/or ongoing fees aesthetic of the community. Deployment for access to public property — such as and installation of small cell facilities municipal street lights or traffic lights — can potentially interfere with existing either pursuant to local codes, as part of technology, such as wireless traffic signals a large master lease or license agreements and other municipal technology in close with a provider, or on an application-by- proximity. There is also the risk of ground application basis. MUNICIPAL ACTION GUIDE 5

Small Cell Wireless Technology in Cities Federal oversight of wireless siting is not substantially change the physical primarily based on three federal laws: dimensions of such tower or base station.”9 The Communications Act of 1934, The FCC created regulations in support of the Telecommunications Act of 1996 this law, specifying that these collocation (Telecommunications Act) and a provision of requests must be approved within 60 days of the Middle-Class Tax Relief and Job Creation application, and that this definition includes Act of 2012 (Spectrum Act). distributed antenna system (DAS) and small cell facilities.10 If a city finds that it received These laws contain provisions intended an incomplete application, it has a limited to spur the development of wireless period of time in which to pause, or “toll,” the infrastructure and impose some limits on shot clock by notifying applicants in writing local authority over that infrastructure. The of the missing information and relevant local Telecommunications Act, for instance, makes requirements. it unlawful for local government to prohibit, or have the effect of prohibiting, the “provision The 1934 Communications Act has been cited of personal wireless service,” prevents in recent federal petitions and rulemaking local government from “unreasonably activity11 relating to the deployment of discriminating among providers of small cell facilities. Section 253 of the functionally equivalent services,” and 1934 Act requires that local governments requires that local government “act on any receive “fair and reasonable compensation authorization to place, construct, or modify from telecommunications providers, on a personal wireless service facilities within a competitively neutral and nondiscriminatory reasonable period of time.” It also stipulates basis,” when determining costs to access the that local governments denying siting public rights-of-way. The FCC has solicited applications do so “in writing and supported public comment on how and whether to clarify by substantial evidence contained in a written the meaning of this phrase in relation to small record.”7 The Federal Communications cell wireless facilities but has not yet issued a Commission (FCC) has interpreted that decision or guidance. Likewise, the FCC has a “reasonable period of time” for local recently issued orders prohibiting moratoria governments to grant or deny siting requests on wireless deployment applications and is 150 days for new facilities, and 90 days for permitting in essentially all circumstances.12 collocations.8 This presumed time limitation is commonly known as a “shot clock.” State governments have also passed laws intended to speed the deployment of Meanwhile, the Spectrum Act also contains wireless infrastructure, particularly small cell provisions that limit local control over infrastructure, in recent years. For example, collocated wireless facilities to ensure the Arizona’s HB 2365, which was signed into law swift deployment of wireless technologies. on March 31, 2017, imposes a series of new Section 6409(a) of the Act provided that requirements on cities’ regulation of wireless “a State or local government may not deny, infrastructure. Arizona’s law creates timelines and shall approve, any eligible facilities for both cities and applicants to complete request for a modification of an existing reviews of applications and buildout of the wireless tower or base station that does requested site. Additionally, it states that rates 6 NATIONAL LEAGUE OF CITIES

The Telecommunications Act makes it unlawful for local The government to prohibit, or have the effect of prohibiting, the “provision of personal wireless service,” prevents local government Telecommunications from “unreasonably discriminating among providers of functionally Act of 1996: equivalent services,” and requires that local government “act on any authorization to place, construct or modify personal wireless service facilities within a reasonable period of time.” or fees are limited to not more than the actual to a stricter application review timeline than and direct costs incurred by cities to review federal regulations establish. those applications or manage the ROW, and places a fixed dollar cap on those application Cities must also consider their own internal fees, as well as a fixed cap on annual rights- capacity when determining how much time of-way access and pole collocation fees.13 14 15 should elapse before a new ordinance focused on small cell deployment goes into effect. Other states have enacted similar limits on local For example, if the new process demands the review times, factors which may be considered establishment of new online application systems in a site review and fees local governments or forms, the city should allow ample time to may assess. State laws may limit whether local create those new systems before applicants will governments can enter into agreements with expect access to them, to avoid unnecessary providers for larger-scale deployments of delays in the application process. Particularly infrastructure within a community. in the case of small cell deployments, providers may wish to file many applications at once as What are some of the policy part of a network build-out, and cities should be challenges cities face? prepared to determine whether they can limit Cities adapting their ordinances or the number of applications any provider can file processes to enable efficient small cell within a given time period under state law, or deployment face a number of policy whether they are capable of accepting batches challenges. First, cities must consider any of similar applications simultaneously. recent changes to state law that impact local ordinances. Nearly half of all states Cities should be cautious in passing had already passed small cell legislation or moratoria on new wireless facility were considering it by their 2018 legislative applications. While moratoria may provide sessions. Many states that passed laws the necessary time for policy makers to exempted municipal rights of way from the determine how best to approach this new legislation. These laws may impact what technological and administrative challenge, fees or rates cities can assess, what factors they are not legal in some states, and have they may consider when deciding whether been prohibited by the FCC. Moratoria to approve or deny a wireless facility may invite legal challenges from wireless application, and whether the city is subject providers eager to start construction. MUNICIPAL ACTION GUIDE 7

Small Cell Wireless Technology in Cities City Examples Boston: Preserving with sensitive aesthetic needs. However, History and Planning for a a city known for its universities and tech Technology-Driven Future industries needed to be a competitive leader The city of Boston faced a unique challenge on broadband infrastructure to retain and when it set out to upgrade the city’s wireless attract residents and businesses. networks: its history. The city contains narrow, twisting streets with little sidewalk To address the growing demand for small space, carefully-maintained historic districts, cell wireless infrastructure, the city used and a wide variety of decorative poles and widely-available online tools to create an streetlights — including some gas lamps. online application and review process that This adds up to crowded rights-of-way has reduced the average turnaround time for small cell site application reviews to roughly two weeks. The city has also managed to stem potential floods in applications by placing reasonable obligations on providers eager to file many applications at once. Macrocell technology is much better for large, low-density populations like quiet Small cells are perfect for residential areas. small, dense-population areas with high-capacity needs. Downtowns, stadiums and theme parks are ideal for this technology. 8 NATIONAL LEAGUE OF CITIES

For instance, after a permit for a new locations’ needs and added those new wireless facility is approved, the provider designs to a list of pre-approved poles. must build its site within sixty days. The city has also developed a database of existing right-of-way infrastructure assets, Because of its narrow, historic streets, Boston such as water, power and broadband lines in has had to work very closely with neighbors the city. This helps smooth the application and wireless providers to create innovative process and cuts down on the time needed pole designs that take up less sidewalk space, to communicate between city departments or to negotiate a different pole location on a and with providers. Additionally, the city has nearby arterial street with fewer residences created a master license agreement process and more room to site equipment. based on existing public-private partnership agreements and adapted the master license Lincoln: Creating agreements used for broadband to business Business Solutions to and home to mobile infrastructure. Making Technology Challenges the agreements consistent, and posting In the city of Lincoln, Nebraska, broadband them publicly online, has helped reassure infrastructure is an important development providers that they are getting the same priority. As demand for service, and for deal as their competitors and smoothed the permission to build infrastructure, rose negotiating process. in the community, the city decided to tackle business process challenges. The Lincoln has faced some challenges in city began physically relocating staff and recent years with its efforts to deploy grouping them by process and function, wireless infrastructure. Some providers rather than department, and created a have successfully received permits to build new rights-of-way construction group new poles, but have not deployed in those of staff from multiple departments to locations, resulting in wasted city resources manage broadband infrastructure, small cell and no improved service for residents. The wireless applications and other issues. This city has also fought back against attempts created a one-stop-shop for private utility by the state legislature to preempt local construction in the public right-of-way. authority over small cells. In 2017, the city battled wireless providers who claimed The city worked with carriers to create a that city-induced costs were inhibiting standard pole design that met the needs infrastructure deployment. When Lincoln of 95 percent of the city’s pole locations offered a discount to local carriers who and could accommodate most carriers’ were willing to build out connectivity in rural equipment. For the other five percent of parts of Nebraska, the providers backed locations, the city has worked with individual down, and ultimately preemptive legislation carriers to co-design poles to meet those did not pass that year. MUNICIPAL ACTION GUIDE 9

Small Cell Wireless Technology in Cities Raleigh: Finding Common installations, the city shifted its process Ground with Industry to require basic geographic coordinates Through Partnerships for proposed wireless sites, so that the The city of Raleigh is focused on being the city could quickly work with providers to best — with hopes of being designated a find optimal locations. Wireless providers ‘best place’ to live, work and play, as well as appreciated hearing back from city staff a forward-thinking leader in the technology about site feasibility within a couple space. The city recognized that in order to of days of submittal. The city has also achieve those goals, it would need to be taken several steps to hear the wishes of open to the prospect of small cell wireless residents, most directly through its 20 infrastructure deployment. From the Citizen Advisory Councils. City employees moment the city was approached about who manage small cell deployment installing small cell infrastructure, the priority have been meeting regularly with these was to establish a good working relationship advisory boards to gather feedback and with wireless providers while protecting answer questions about the process of and upholding the values and interests of small cell installation. residents within our communities. The city streamlined its application process by eliminating some unnecessary engineering time and costs. Rather than calling for engineering drawings for all Quantity and Quality: Although macrocells cover much larger areas than small cells — miles versus feet — small cells have higher-quality coverage that works well in dense areas. 10 NATIONAL LEAGUE OF CITIES

According to the Federal Communications What is Commission, broadband is connection speeds of at least 25 Mbps for downloads and three Mbps for uploads. About Broadband? 20 percent of American households don’t have access to broadband under this current definition. One administrative challenge came about in speaks to the needs of all residents. With the form of a piece of legislation passed by only three percent of the city connected the state that preempts the city’s ability to to high quality fiber lines, the city needed manage small cell applications. A 2017 law to both improve overall access to high restricts local governments in the state of speed internet and address the digital North Carolina from sending applications for divide for 95,000 residents without access. collocated infrastructure — or infrastructure After commissioning a study of the city’s that wireless providers want to place on broadband approach as well as conducting existing poles — to city council for review. surveys of low-income populations, San Wireless providers that wish to collocate Jose officials set about working with the small cell infrastructure are allowed to seek private sector on an arrangement that administrative approval and place their facilitates deployment, speaks to equipment and infrastructure on those the city’s equity goals and meets existing poles. This is intended to streamline provider expectations. the review process for small cell installations that do not require a new structure or pole They settled on a tiered pricing structure to be constructed. While it shortens the where providers pay $750-$2500 depending administrative approval process, it removes on whether they will cover the entire city the city’s ability to govern on this issue. or smaller areas. Larger deployments essentially receive a bulk-discounted rate. San Jose: Welcoming New This revenue then feeds into two important Technology While Closing city goals: internal capacity building and the Digital Divide digital equity. For the former, the revenue Equity drives San Jose’s approach to bolsters the public works department, bringing new technologies to the city, and enabling staff to streamline the permitting the deployment of municipal broadband and governance processes. Providers are and municipal fiber lines is no exception. therefore amenable to the deal because Located in Silicon Valley, San Jose city it facilitates faster small cell deployment. officials are acutely aware of the technology Additionally, the remaining funds, $24 million boom happening on their doorstep and so far, go into a “Digital Inclusion Fund” to are eager to welcome these advances, close the digital divide for low income and provided they can do so in a way that vulnerable populations. MUNICIPAL ACTION GUIDE 11

Small Cell Wireless Technology in Cities When San Jose officials stepped back to process. It also forced cities to reduce their look at the whole picture, they noticed fees to a rate that was significantly lower that different providers had an interest in than existing market rate agreements.16 deploying in different market segments The rationalization for such legislation was and, therefore, different neighborhoods. By that it was needed to speed up deployment building relationships with these carriers, in Arizona by limiting a city’s capacity to San Jose has been able to spread coverage interfere via local legislation and incentivize across the city. Where gaps arise, the digital 5G by reducing the industry’s costs of inclusion fund fills in. Some of the projects deployment. During the negotiation on deck include free device checkout at period preceding the passage of the bill, libraries and coding camps. The city will also the city fought hard to maintain its ability pursue grants on top of these core funds to manage the right-of-way, mostly in to further build out program support in the order to retain control over the aesthetic long term. elements of deployment and to minimize any visual blight caused by the size of the Tempe: Bringing small cell allowed (the equivalent of 27 Transparency to the Process pizza boxes).17 The city of Tempe knows that small cell infrastructure will be integral to meeting The new law required Arizona cities to the technological demands of the future. establish and make standard terms of For city staff, determining the process for agreements publicly available. Tempe small cell infrastructure deployment and viewed the legislation’s six-month being transparent about it with wireless implementation period as an opportunity providers was very important. Once the to foster collaboration between the public city established a master license agreement and private sectors. Before finalizing the with the first carrier in the market, that standard terms and conditions, site license original agreement was used as a template provisions, application processes for small to develop subsequent agreements with cells and design criteria, the city sent draft small cell infrastructure providers, who also copies of all proposed documents to the wanted to deploy small cells and distributed major carriers and infrastructure providers antenna systems (DAS). for feedback. Collaboration with the industry was important in avoiding conflict when In 2017, however, preemptive legislation documents advanced to the city council for was passed by the Arizona state legislature deliberation and approval. that hindered the city’s ability to completely control small cell infrastructure The city also carefully considered the deployment. The new law imposed fee caps desires and values of the public. For as well as shot clocks on the application residents, aesthetics and the way the new 12 NATIONAL LEAGUE OF CITIES

small cell infrastructure blended into the hindrance to deployment. Tempe found community were very important. Tempe that balancing the concerns of industry was able to coordinate with other local with the city’s ability to manage its cities and wireless providers to create poles and right-of-way is critical. Local design guidelines, ensuring that new government can function as the connection infrastructure would mesh with the local between the community and industry, aesthetic. The city worked to ensure that ensuring that both parties’ interests are the guidelines were not too much of a represented and accounted for. Towers: Macrocell infrastructure is hard to miss. Towers can reach up to 199 feet in height, and they’re rarely shorter than 50 feet. Small cell: Small cell antennas are typically only a few feet tall, roughly the size of a pizza box. They are also often accompanied by an equipment cabinet the size of a utility box or refrigerator. MUNICIPAL ACTION GUIDE 13

Small Cell Wireless Technology in Cities Strategies for City Leadership 1 Gain a full understanding of the technology and important safety considerations. Local elected officials and decision-makers should ensure that they understand technical, political and legal implications of the technology, its deployment, and any existing policies related to small cell facility siting. This will ensure that the best interests of the community are upheld when new decisions around small cell siting are being made. 2 Articulate your priorities for accommodating this technology. City officials should determine how they want to integrate this technology into their communities and be intentional about expressing those desires during the policy-making discussions and deployment process. Some questions and considerations might include: a. Whether the city wants to subsidize the build-out of the facilities to speed up wireless connections; b. Whether the city needs extra time to conduct a thorough engineering review for public safety concerns; or c. Whether the city will work to harmonize the facilities with the look and feel of different parts of town. 3 Create clear policies for permit review that let both city staff and industry applicants know the expectations. This includes establishing processes for how applications will be addressed or processed, timeframes, objective requirements for the decisions and possibly application checklists. Cities should communicate these policies broadly and transparently to potential applicants. They may also wish to collaborate with likely applicants to develop design standards compatible with technological needs. 14 NATIONAL LEAGUE OF CITIES

4 Develop a template right-of-way access policy/agreement, as well as a city pole attachment agreement. Cities should make sure these policies and agreements address multiple kinds of infrastructure, from macrocell towers to small-cell facilities. This might include the establishment of requirements for both types of structures — such as size, location, design, public safety, stealth, etc. 5 Think through in advance any beneficial items the city could negotiate with industry in exchange for use of the right-of-way — if allowed by state law. Issues up for negotiation might include collocation; length of time for siting; terms of installation; terms for upgrade; free or discounted services for schools, libraries, or other public entities; or other provisions that benefit the community and its residents. 6 Give careful consideration to fee structures. There are a variety of fees and charges that cities may want to address. Application fees to cover the cost of staff to review applications, permitting fees to cover costs of building permit reviews and inspections, regulatory access fees for use of public ROW (ongoing), rent based on market rates if using public property (ongoing), and ongoing maintenance fees. Cities should take care to ensure that costs for removal of abandoned equipment are not borne by taxpayers. MUNICIPAL ACTION GUIDE 15

Small Cell Wireless Technology in Cities Definitions Collocation: When multiple wireless providers attach antennas and other equipment to a single shared support structure. This practice may lower barriers to entry for new providers and reduce pole proliferation. The federal government defines collocation as: the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.18 Small cell facilities: Small cell facilities are a type of wireless broadband infrastructure. They typically take the form of small antennas that are placed on existing infrastructure (both indoors and outdoors) and ground mounted equipment. These facilities help to compliment or stretch tower macrocell coverage and add capacity in high demand areas. In many states this term is defined by state law. Ground mounted equipment: This type of equipment sits at ground level, such as along sidewalks. It is distinct from equipment mounted on existing infrastructure such as telephone poles or buildings. This equipment is similar to traffic control or telephone equipment cabinets. Macrocell: A macrocell is a wireless facility used in cellular networks with the function of providing radio coverage to a large area of mobile network access. A macrocell differs from a microcell by offering the backbone of coverage area and high- efficiency output. It is placed on stations where the output power is higher, usually in a range of tens of watts.19 Smart city: A “smart city” is one that has developed technological infrastructure that enables it to collect, aggregate and analyze real-time data to improve the lives of its residents.20 16 NATIONAL LEAGUE OF CITIES SOURCE: UNION KITCHEN

Internet of things (IoT): The internet of things (IoT) is a computing concept that describes the idea of everyday physical objects being connected to the internet and able to identify themselves to other devices. The term is closely identified with RFID as the method of communication, although it also may include other sensor technologies, wireless technologies or QR codes.21 5G: The term for emerging 5th generation wireless telecommunications standards usually associated with network speeds of 1 Gpbs or more.22 Exabytes: An exabyte is a unit of measurement that describes 1018 bytes or 1 billion gigabytes. This unit refers to such a large amount of data that it is typically used to express quantities of information transmitted over the internet in absolute terms. Internet Service Providers: An internet service provider (ISP) is a company that provides customers with Internet access. Data may be transmitted using several technologies, including dial-up, DSL, cable modem, wireless or dedicated high-speed interconnects. Typically, ISPs also provide their customers with the ability to communicate with one another by providing Internet email accounts, usually with numerous email addresses at the customer’s discretion. Other services, such as telephone and television services, may be provided as well. The services and service combinations may be unique to each ISP.23 Throughout the paper we use this term synonymously with the term carrier. Infrastructure Developer: Company or entity that invests in or builds out the basic physical and virtual systems of a community, including roads, utilities, internet and wireless networks, water, sewage, etc. These systems are considered essential for enabling productivity in the economy and require significant fiscal investments. Developers and investors can be from the public or the private sector.24 MUNICIPAL ACTION GUIDE 17

Small Cell Wireless Technology in Cities Resources National Association of Telecommunications Officers and Advisors: Wireless Facility Siting: Model Chapter Implementing Section 6409(a) and Wireless Facility Siting: Section 6409(a) Checklist — https://www.natoa.org/documents/6409ModelOrdinance.pdf United States Department of Commerce Internet Policy Task Force and & Digital Economy Leadership Team: Fostering the Advancement of the Internet of Things https://www.ntia.doc.gov/files/ntia/publications/iot_green_paper_01122017.pdf BroadbandUSA: Broadband Glossary — https://www2.ntia.doc.gov/files/bbusa_broadband_ glossary_161024.pdf BroadbandUSA: Smart Communities Glossary — https://www2.ntia.doc.gov/files/bbusa_ smartcommunitiesglossary_11212017.pdf 1 Trends in Smart City Development. (2016). National https://www.fcc.gov/document/fcc-speeds-access- League of Cities. Access at: http://www.nlc.org/sites/ utility-poles-promote-broadband-5g-deployment-0 default/files/2017-01/Trends%20in%20Smart%20 13 $750.00 (A.R.S. § 9-593(I)) and $1000.00 (A.R.S. § City%20Development.pdf 9-594(E)(3)). 2 Ericsson, Ericsson Mobility Report at 13 (Nov. 2016), 14 $50 per small cell (A.R.S. § 9-592(D)(4) https://www.ericsson.com/assets/local/mobilityreport/ documents/2016/ericsson-mobility-report- 15 $50 per pole (A.R.S. § 9-595). november-2016.pdf. 16  The average small cell fee charged by Arizona cities 3 Trends in Smart City Development. (2016). National in 2017 was $3,530.00 per site, which included both League of Cities. Access at: http://www.nlc.org/sites/ the use of the pole and the use of the right-of-way for default/files/2017-01/Trends%20in%20Smart%20 a small cell and associated ground equipment. (This City%20Development.pdf amount was about 1/8 of the annual fees charged for macro sites). The legislation capped this fee at 4 Federal Communications Commission. (2016). Public $100.00 per site ($50.00 for the use of the pole and Notice: Comment Sought on Streamlining Deployment $50.00 for the use of the right-of-way.) of Small Cell Infrastructure by Improving Wireless Citing Policies. Access at: https://apps.fcc.gov/edocs_ 17  All antennas to be located inside an enclosure of up to public/attachmatch/DA-16-1427A1.pdf 6 cubic feet in volume and the associated equipment 5 WIA (2017). Enabling Wireless Networks Everywhere, to be up to 28 cubic feet in volume. A.R.S § 9-591(19). Presentation. 18 47 C.F.R. § 1.40001(b)(2) 6 See https://www.nena.org/?page=911Statistics. 19 https://www.techopedia.com/definition/2950/macrocell 7 47 U.S.C. § 332(c)(7)(B) 20  Trends in Smart City Development. (2016). National League of Cities. Access at: http://www.nlc.org/sites/ 8 Petition to Clarify Provisions of Section 332(c)(7) default/files/2017-01/Trends%20in%20Smart%20 (B) to Ensure Timely Siting, WT-Docket No. 08-165 City%20Development.pdf (11/18/09). 21  https://www.techopedia.com/definition/28247/ 9 47 U.S.C. §1455(a) internet-of-things-iot 10  Acceleration of Broadband Deployment by Improving 22  https://www2.ntia.doc.gov/files/bbusa_broadband_ Wireless Siting Policies, WT Docket No. 13-238, 11-59, glossary_161024.pdf 13-32, (10/17/14) 23  https://www.techopedia.com/definition/2510/internet- 11 Ibid. service-provider-isp 12 Federal Communications Commission. (2018): 24 http://www.investorwords.com/2464/infrastructure. Public Notice: FCC Speeds Access to Utility Poles html#ixzz5COh9N3rU to Promote Broadband, 5G Deployment. Access at 18 NATIONAL LEAGUE OF CITIES

About NLC The National League of Cities (NLC) is the nation’s oldest and largest organization devoted to strengthening and promoting cities as centers of opportunity, leadership, and governance. NLC is a resource and advocate for more than 1,600 member cities and the 49 state municipal leagues, representing 19,000 cities and towns and more than 218 million Americans. Acknowledgements Thank you to Kelly Martin, who created the data visualizations, cover illustration and report design, and to Laura Cofsky for editing the report. We are also grateful to all of the city officials, thought leaders, and experts who took the time to speak to us about small cell infrastructure siting. All photos courtesy of Getty Images 2018 unless otherwise noted. © 2018 National League of Cities. All Rights Reserved. MUNICIPAL ACTION GUIDE 19