Planning 2021-08-26 Minutes - Small Wireless Communication Facilities Zoning Code Amendments

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PC Public Hearing 8/26/21 Page 2 Emily Miner, Assistant City Attorney, gave a PowerPoint presentation on the wireless code update and provided background information. In 2016 technology was upgraded and changed to increase capacity with small cells. Small cells are smaller antennas that go on telephone poles. This technology densifies the network. Between 2016-2018 cities prepared for the deployment of the small cell technology. In 2018 the Federal Communications Commission (FCC) issued an Order due to lots of restrictions and barriers by cities. The Order gave cities less authority to regulate these types of facilities and streamlined how local cities and governments were regulating. She noted that every jurisdiction across the United States has been affected by the FCC Order. In 2019-2021 cities updated codes to reflect necessary changes. She showed examples of small cells installed on wooden utility poles, as well as non -wooden poles called smart stacks that have the equipment installed inside the pole. The City's intent is to create design regulations with cleaner non -wooden pole aesthetics. The FCC regulation requires aesthetic standards be published in advance and be reasonable. For example, antennas should not be required to be underground. The City's standards will be tested against the following FCC language: "Materially limits or inhibits the ability of any competitor or potential competitor to compete in a fair and balanced legal and regulatory environment." - California Payphone (1997 — FCC Case) To date the City has performed these actions: Adopted an emergency interim code; adopted the non -wooden design standard; conducted internal review and update of the wireless code to bring it into compliance with FCC Orders; and conducted industry and SEPA/GMA reviews; as well as this PC review of the proposed ordinance. An overview was given on the key elements of macro tower facilities and small wireless facilities and where they can be located - new poles or decorative poles and eligible facilities request. Industry comments were received from Extenet, AT&T, Verizon, and Crown Castle. Following are comments previously received and accepted: - Updates to account for recent changes in the newest FCC Order. - Suggestions to remove redundancies. - Clarification related to permitting and construction. Assistant City Attorney Miner and Director Gierloff addressed questions from the PC. Kim Allen, Wireless Policy Group, representative for Verizon, addressed questions from the PC. Gregg Busch, Wireless Policy Group, representative for AT&T, addressed questions from the PC. Commissioner Mann asked about limiting the quantity of towers located in an area. Assistant City Attorney Miner stated that a spacing requirement can be included. PUBLIC TESTIMONY Gregg Busch, Wireless Policy Group, representative for AT&T, noted the City has a provision in the code to address spacing limitation requirements of poles in the right-of-way. Mr. Busch said while small wireless facilities are the topic of the meeting, traditional macro facilities, such as cell towers, will continue to provide the backbone to service wireless networks across the county. They provide service over a wide area, and they have generators attached to them, so if the power is cut, they will continue to operate. Small wireless facilities do not have generators. AT&T small cells are not designed to use battery backups and if Phone: 206-4334800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov