title
WIRELESS TELECOMMUNICATION FACILITIES - AUTHORIZATION TO PARTICIPATE FEDERAL RULE MAKING (B)
recommendation
The City Commission: 1) Join the Florida Local Government Coalition to file a response to the FCC regarding the FCC's Public Notice; and 2) Amend the existing retention letter with Gray Robinson, PA to allow Gary Resnick to represent the City in the FCC proceeding as a member of the coalition, for an amount not to exceed $2,500.00
explanation
In June 2016, the City's Public Works department received two right-of-way use permit applications to place two wooden poles with antenna of approximately 75" in height, in the City's rights-of-way (ROW). The applications were made by a company named Mobilitie which provides infrastructure for wireless telecommunication providers. The applications were incomplete and Mobilitie's permits were denied because they were incomplete and also because the applications did not meet current city ordinances. In December 2017, Mobilitie again filed an application for a right-of-way use permit. That application was also turned down for being incomplete. Pictures and plans of the proposed placement of the Mobilitie poles are included in the back up to give the Commission a better understanding of the City's need to regulate placement of utility poles. Without regulation on location of, size of and placement of such poles, the City would not be able to prevent multiple pole placements in its rights-of-way.
At the same time that Mobilitie approached the Public Works department for a right-of-way use permit, several other wireless telecommunication providers approached GRU seeking to collocate on existing GRU poles. City staff, in reviewing the applications and requests, realized that the City's codes needed to be updated to address the new infrastructure needs caused by increased capacity needs of wireless telecommunications users.
The City Attorney's Office retained Gray-Robinson, P.A., outside legal counsel ...
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