Agenda

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County Attorney's Report 11. 5.

BCC Regular Meeting

Action

Meeting Date:	01/18/2018
Issue: Authorize the Scheduling of a Public Hearing to Consider Amending Ch. 86 of the Escambia County Code of Ordinances to Implement Small Wireless
From:	Bobbie Ellis-Wiggins
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning the Scheduling of a Public Hearing to Consider an Ordinance Amending Chapter 86 of the Escambia County Code of Ordinances to Implement Small Wireless Facility Regulations.

That the Board authorize the scheduling of a Public Hearing on Thursday, February 1, 2018, at 5:31 p.m. to consider adopting an Ordinance amending Chapter 86 to implement regulations regarding collocation of small wireless facilities and installation of wireless support structures in County rights-of-way.

BACKGROUND:

Effective July 1, 2017, HB 687 revised F.S. § 337.401, significantly restricting the County’s regulatory authority over its rights-of-way; authorizing wireless providers to collocate small wireless facilities on County-owned utility poles in the County’s rights-of-way; authorizing wireless infrastructure providers to construct wireless support structures in the County’s rights-of-way for small wireless facility collocation; and prescribing strict guidelines for County codes governing small wireless facility collocation and pole/structure installation in the County’s rights-of-way. The Board of County Commissioners enacted a moratorium on permitting collocation of small wireless facilities and installation of wireless support structures effective August 7, 2017, to allow the County time to review, consider, analyze, and evaluate the restrictions and mandates in the amendments to F.S. § 337.401 and to prepare and adopt new and amendatory regulations to effectively implement the new legislation. The moratorium expires on Saturday, February 3, 2018.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

The proposed Ordinance was drafted by Assistant County Attorney Barbara Ellis-Wiggins and will be advertised in the Saturday, January 20, 2018, edition of the Pensacola News Journal.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

A copy of the Ordinance will be filed with the Department of State.

Attachments
No file(s) attached.