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CONSIDERATION OF ORDINANCE O-1819-18 UPON SECOND AND FINAL READING: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AMENDING SECTION 22:431.2 OF THE CITY OF NORMAN CODE OF ORDINANCES CHANGING THE SECTION TITLE TO COMMUNICATION FACILITIES, ADDING DEFINITIONS AND UPDATING RELATED TERMINOLOGY, CLARIFYING LANGUAGE APPLICABLE TO COMMERCIAL COMMUNICATION TOWERS AND TELEVISION AND RADIO TRANSMISSION TOWERS, AND ADDING REGULATIONS RELATED TO SMALL CELL WIRELESS FACILITIES; AND PROVIDING FOR THE SEVERABILITY THEREOF.
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BACKGROUND: Over the last year, cell phone providers and infrastructure providers have approached cities around Oklahoma about attaching a new technology called "small cells" on street lights, electric poles, and structures to enhance the cellular network and provide faster download speeds. Small cells are critical to the implementation of a new fifth generation (5G) cellular network. The Oklahoma Municipal League formed a working group of municipal attorneys and municipal electric utility providers to work on legislation with cell service providers at the request of AT&T. The efforts of the working group culminated in Senate Bill 1388, which was signed by Governor Fallin on April 26, 2018.
The Federal Communications Commission ("FCC") issued a Declaratory Ruling on September 26, 2018 in the matter of Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment. This ruling included adoption of Final Rules for Streamlining State and Local Review of Wireless Facility Siting Applications. Staff has studied this new ruling and the pending federal legislation and compared each to the recently adopted Oklahoma Small Wireless Facilities Deployment Act. Staff has studied both the new State law and the recent FCC ruling and has drafted an ordinance addressing small cell facilities that complies with both State and federal law.
DISCUSSION: None of the City's current approaches to right of way manage...
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