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PC Staff Report 8-12-21 <br />Page 2 <br />There are a few important concepts that the Commission should keep in mind that will come into play <br />during these discussions. <br />- The City has some authority to outline aesthetic standards for the rollout of small wireless facilities, but <br />the City does not have authority to dictate technology. Any standard being considered that would <br />regulate the technology should be avoided. <br />- Regulations that effectively prohibit the rollout of the technology should not be considered. The FCC <br />has generally determined that this technology should be allowed, and regulations adopted by a local <br />jurisdiction that effectively prohibit the technology are impermissible. <br />- The FCC has adopted presumptively reasonable shot clocks within which the City must comply. These <br />shot clocks are 60 days for an installation on an existing structure and 90 days for new poles. These <br />shot clocks cover all necessary city approvals, which may include a franchise (these already require two <br />readings before City Council), small wireless permits, public works related permits, and anything else that <br />might be required by the City. <br />- The City should treat all similarly situated applicants the same. This is called competitive equity. <br />Regulations and approvals should not vary depending on who comes in the door. <br />DISCUSSION <br />The proposed ordinance includes an overhaul of the existing code in order to incorporate the new FCC <br />requirements. It also includes revisions to the macro facility permitting and design requirements, as well as <br />establishes a permitting process and aesthetic requirements for small wireless facilities. These changes will <br />improve staff efficiency by providing a well-defined framework for staff to review permits and clear expectations <br />for applicants regarding where and how they can locate their facilities. <br />Our discussion will focus on the macro facility provisions in TMC 18.58.060-070 as well as the small wireless <br />facility provisions in TMC 18.58.100-160. We will discuss how the code will be used, what the requirements <br />mean, and how these requirements will protect the City within the scope of the FCC rules. <br />REQUESTED ACTION <br />Hold the public hearing on the proposed code amendments, review the amendments, and forward the <br />ordinance language as proposed or amended to the City Council. <br />6 <br />Phone: 206-433-1800 • Email: Mayor TukwilaWA.gov • Website: TukwilaWA.gov <br />