HomeMy WebLinkAboutIR 10038 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 10038
To the Mayor and Members of the City Council August 1, 2017
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Subject: IMPLEMENTATION OF SENATE BILL 1004— USE OF CITY RIGHTS-
OF-WAY FOR SMALL CELL INFRASTRUCTURE
The purpose of this informal report is to update the City Council on the City's efforts to comply
with Senate Bill 1004, concerning the use of the City's rights-of-way for small cell infrastructure.
During the regular 2017 legislative session, the Texas Legislature passed S.B. 1004 (to be
codified as new Texas Local Government Code, Chapter 284 or "Chapter 284"), with the stated
purpose of furthering the important public policy of having reliable wireless networks and services
through the provision of standardized permitting processes and compensation schedules.
In mandating that wireless infrastructure and service providers be allowed access to public rights-
of-way to install wireless facilities, Chapter 284 sets out certain limitations on the City that are
intended to expedite the process on reasonable and nondiscriminatory terms. For instance,
Chapter 284 limits the City's timeline to review permit applications, caps application and annual
fees, and requires co-location on City poles. Chapter 284 also limits the City's police power but
allows additional restrictions on placement and characteristics of network nodes and node
support poles when they are proposed to be located in municipal parks, residential areas, historic
districts, design districts, and underground districts.
Chapter 284 also permits the City to adopt a Design Manual governing the installation and
construction of network nodes and new node support poles in the public rights-of-way that
includes additional installation and construction details that do not conflict with Chapter 284,
provided that the Design Manual must be in place at the time the permit applications are first
submitted. City staff has been working diligently over the past several weeks with applicable
stakeholders to prepare a comprehensive Design Manual that will apply to sitings; installations;
and co-locations in, on, over, or under the public rights-of-way of, among other things, network
nodes, node support poles, and micro network nodes. Chapter 284 and all of its provisions go
into effect on September 1, 2017, and it is anticipated that the City will receive permit applications
for approximately 1,000 network nodes once Chapter 284 becomes effective.
Staff will be presenting the final Design Manual and fee structure for consideration before the City
Council on August 15 with the understanding that both must be adopted no later than the August
29 meeting so that they can be effective on September 1, 2017.
If you have any questions about this information, please contact Randle Harwood, Planning and
Development Director at 817-392-6101.
David Cooke
City Manager
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS