PPT Potential Master License Agreement for Telecommunications FacilitiesTelecommunication Installations on Town Infrastructure
Town Council Meeting
Study Session
October 4, 2022
Telecommunications
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Would allow use of Town streetlights at Town-designated locations
Installation of “small cell” infrastructure to provide for 5G service
Consists of antenna and battery box affixed to pole
Request from AT&T to enter into Master License Agreement
Telecommunications
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Smartphones, smartwatches, and other mobile devices increase demand on wireless networks
Increased demand reduces reliability and slows network speeds
Small cells installations improve capacity and coverage, especially during peak times and high-volume areas
Why “Small Cell” Technology
Telecommunications
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Wireless transmitters and receivers
Typically attached to existing infrastructure in public right-of-way; e.g., streetlights or utility poles
Extend service area of existing cellular areas or boost signals in high volume areas
AT&T request is driven by desire for 5G coverage in high volume areas like downtown Los Gatos; other telecoms may also request installations
What is a “Small Cell?”
Telecommunications
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Location
Aesthetics
Integrity of public infrastructure
Installation on private poles is currently regulated in the Zoning Code
Permit requirements and standards
Considerations for Small Cell Installation in Los Gatos
Telecommunications
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Where Would “Small Cells” be Located?”
Telecommunications
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Benefit of Master License Agreement
Allows Town to pre-approve specified locations and appearance of installations
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Right to Use Public Right-of-Way
Per state law, telecommunication companies are allowed the use of public right of way (Public Utilities Code Section 7901)
Telecommunications
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What Can Cities/Towns Do?
Cities and Towns may regulate the “time, place, and manner” of installations (Public Utilities Code Section 7901.1;47 U.S.C. Section 332(C)(7))
This includes aesthetics.
Telecommunications
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Can Cities/Towns Charge for the Use of Streetlight Poles?
FCC has authorized charge of $270 per pole (unless Town can demonstrate that its costs of allowing the “small cell” infrastructure exceed that amount)
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Federal Law
Per federal Law, cities and towns cannot regulate radio frequency (RF) emissions
So long as the RF emissions meet standards established by the FCC
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Potential Next Steps
Amend Town’s telecommunications ordinance
Prepare new telecommunications permitting program for Town Council’s approval
Negotiate master license agreement
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Questions to Council
Does the Town Council wish to authorize staff to amend Town’s telecommunications ordinance, develop new telecommunications permitting program, and negotiate master license agreement
with AT&T (and potentially other providers)?
Telecommunications
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FOR MORE INFORMATION
STAFF CONTACTS:
Nicolle Burnham, Parks and Public Works Director
NBurnham@losgatosca.gov
Gabrielle Whelan, Town Attorney
GWhelan@losgatosca.gov
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