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HomeMy WebLinkAboutConstituent Letter - Read Before Packet - 8/8/2017 - Letter From Jennifer Price, At&T Colorado, Re: Ordinance No. 105 - Small Cell Facilities - Agenda Item #6© 2016 AT&T Intellectual Property. All rights reserved. AT&T and the Globe logo are registered trademarks of AT&T Intellectual Property. AT&T Services, Inc. 188 Inverness Dr W Suite 400 Englewood, CO 80112 M: 303.218.8082 JP210A@att.com www.att.com Jennifer Price Director, External Affairs Colorado August 8, 2017 Mayor Wade Troxell and City Council Members City of Fort Collins 300 LaPorte Avenue Fort Collins, CO 80521 VIA EMAIL: skane@fcgov.com; cityleaders@fcgov.com RE: Ordinance No. 105 Imposing a Moratorium Until December 31, 2017, upon the Acceptance of Applications for the Installation of and/or the Issuance of Right-of-Way Permits for New Antennas, Small Cell Facilities, Towers and Wireless Service facilities by any Third Party in City Rights-of-Way in any Zone District Dear Mayor Troxell and Councilmembers: AT&T recently learned that the City of Fort Collins intends to develop a new ordinance to address the installation of small cell facilities in the right-of-way. Wireless siting ordinances have a major impact on a carrier’s ability to efficiently deploy wireless technology. A well-crafted code provides reasonable options for placing infrastructure, including viable alternatives for locating in and near residential areas. When taken as a whole, a wireless siting ordinance should provide a balance between the community’s need for wireless service and the protection of its aesthetic values. New Technologies will Benefit Fort Collins’ Businesses, Residents and Visitors Wireless companies are developing and deploying new technologies in order to meet the exponential increase in demand for wireless services. For example:  Since 2007, AT&T has seen data usage on its network increase by 250,000 percent.1  Over 71% of Colorado homes are wireless or wireless mostly (estimate from 2015).2  Sixty-six percent (66%) of small businesses surveyed said they could not survive – or it would be a major challenge to survive – without wireless technology. 3  Public safety is improved by the power of mobile communications as a critical tool for first responders in emergency situations. According to the Federal Communications 1 https://www.equities.com/news/jeff-kagan-at-t-mobile-data-250-000-percent-growth 2 http://www.insightsassociation.org/article/wireless-only-and-wireless-mostly-households-state-state-prevalence-adults- and-children 3 AT&T Small Business Technology Poll, 2013, http://about.att.com/mediakit/2013techpoll Aug 8, 2017 City Council Agenda Item #6 Commission, nearly 70 percent of 911 calls are made from wireless phones and that percentage is expected to continue growing. 4 Wireless communication infrastructure provides an economic and public safety benefit to communities. To meet the skyrocketing demand, better serve consumers and businesses, and enhance public safety, carriers need viable options for siting new facilities in a way that will provide meaningful coverage and high-quality service. Moreover, cities that want to avail themselves of smart city technology, such as smart traffic signals, smart electrical grids and meters, and connected vehicles, will need ubiquitous and robust coverage. Small cells are an essential infrastructure component that will enable providers to respond to those demands. Siting requires precision and small cells need to be “deployed close to where the consumption of data is taking place.” 5 For these reasons, the siting parameters for small cells should be “repeatable, standardized and streamlined.” 6 We urge you to keep these policies in mind as you begin drafting your new code. Updating the Code to Address Current Technology and Harmonizing it with Applicable Law We have reviewed Fort Collins’ existing code and support your efforts to update the code to address current technology. We also encourage you to harmonize your code with applicable law. We understand that you are revising your code in part to implement House Bill 17-1193, and we urge you to also make changes consistent with developments in federal law. For example in 2014, the FCC adopted rules implementing Section 6409 of the Middle Class Tax Relief and Job Creation Act of 20127, which govern the review of applications requesting non-substantial changes to existing wireless facilities.8 Collaborative Stakeholder Process We understand that the City has formed a Leadership Planning Team that will be responsible for developing the draft code during the moratorium.9 In our experience, a collaborative process can be a very efficient and positive way to develop a new wireless ordinance. Allowing stakeholders to participate in the legislative process helps establish valuable relationships, and when the parties work together, they all have a sense of investment and commitment to the final result. 4 FCC 911 Wireless Services Consumer Guide, http://www.fcc.gov/consumers/guides/911-wireless-services 5 See page 5 of Small cell siting and deployment challenges in hyperdense networks. Small Cell Forum. February 21, 2017. 6 See page 9 of Small cell siting and deployment challenges in hyperdense networks. Small Cell Forum. February 21, 2017. 7 Middle Class Tax Relief and Job Creation Act of 2012, codified at 47 U.S.C. §1455(a). 8 47 C.F.R. §1.40001. 9 AT&T’s position is that a moratorium on wireless deployment is inconsistent with state and federal law; however, we look forward to working collaboratively with the City to develop a mutually beneficial process that furthers the goal of rapid and efficient deployment of wireless infrastructure. AT&T welcomes the opportunity to meet with the Leadership Planning Team to discuss the relevant technologies and explain how certain ordinance provisions can impact deployment. We also want to learn more about the policy objectives for the new code and make sure we understand the issues that are most important to Fort Collins. We look forward to working with your staff to discuss and assist with the important task of developing a new code to manage and provide for new and existing wireless infrastructure and technology in Fort Collins. Sincerely, Jennifer Price Director, External Affairs Colorado cc: cfrickey@fcgov.com