HomeMy WebLinkAboutReso - CC - 008-2019RESOLUTION NO. 008-2019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
DIRECTING STAFF TO PROCESS WIRELESS INFRASTRUCTURE APPLICATIONS
IN THE RIGHT OF WAY IN A MANNER CONSISTENT WITH FEDERAL LAW AND
ADOPTING THE FCC SAFE HARBOR FEE STRUCTURE FOR SUCH
APPLICATIONS
WHEREAS, the City's existing wireless ordinance was drafted as part of a cooperative
process between the community, the industry, and the City in 2012; and
WHEREAS, significant changes have occurred in the regulatory landscape for small cell
wireless infrastructure installations since 2012, and in particular, Federal Communications
Commission [FCC] order 18-133 significantly shortens the "shot clocks" for processing right of
way applications; and
WHEREAS, the FCC order also sets forth safe harbor fee levels for processing right of
way applications, that will be presumed reasonable; and
WHEREAS, the City's existing wireless ordinance calls for extensive public notice and
hearing procedures for wireless installations, including those in the right of way, and those
provisions may conflict with the accelerated shot clocks called for in the FCC's recent order; and
WHEREAS, the fees charged for processing wireless applications in the City reflect the
notice and hearing procedures under the current ordinance provisions; and
WHEREAS, the existing fees are supported by a fee study, but a re -analysis will be
required to determine whether the fees continue to be reasonable and based on actual costs for
processing applications in accordance with the new streamlined shot clocks required by the
FCC; and
WHEREAS, the City's ordinance and procedures are preempted to the degree that they
conflict with specific mandates set forth in federal law, including orders of the FCC;
NOW, THEREFORE, BE IT RESOLVED, that:
1. The safe harbor fees set forth in FCC Order 18-133 for wireless infrastructure
applications in the public ROW are substituted for those currently in the City's Master
Fee Schedule, pending a re -analysis of the basis for the fees and adoption of a
permanent fee by the City Council.
2. Staff is directed to comply with the accelerated time frames for processing wireless
infrastructure applications in the public ROW as set forth in governing law, including
FCC Order 18-133, and those portions of the City's existing procedural requirements
that are in direct conflict with federal law are suspended, pending permanent
revisions to the wireless ordinance.
yor
I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the
foregoing Resolution was introduced at a regular meeting of the City Council held on the 7th day
of January, 2019, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ity Clerk,,/