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CC SR 20170418 F - SB 649 Wireless Telecommunications FacilitiesRANCHO PALOS VERDES CITY COUNCIL AGENDA REPORT AGENDA DESCRIPTION: MEETING DATE: 04/18/2017 AGENDA HEADING: Consent Calendar Consideration and possible action to oppose Senate Bill No. 649 regarding wireless telecommunications facilities RECOMMENDED COUNCIL ACTION: (1) Authorize the Mayor to sign a letter to Senator Hueso in opposition to Senate Bill No. 649 (SB 649) regarding wireless telecommunications facilities. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Kit Fox, AICP, Senior Administrative Analyst" REVIEWED BY: Gabriella Yap, Deputy City Manager APPROVED BY: Doug Willmore, City Manager'/ -",,.,11-117 ATTACHED SUPPORTING DOCUMENTS: A. Draft letter in opposition to SB 649 (page A-1) B. League of California Cities "Action Alert" and letter in opposition to SB 649 (page B-1) C. SB 649 (page C-1) BACKGROUND AND DISCUSSION: On March 15, 2017, the League of California Cities (League) advised Staff that Senate Bill No. 649 (SB 649) had been introduced on February 17, 2017, by Senator Ben Hueso from San Diego. SB 649 was amended by Senator Hueso and heard in the Senate Energy, Utilities and Communications Committee on March 28, 2017 (Attachment C). As currently proposed, SB 649 would dictate that "small cell" sites are permitted "by right" without local discretionary review in all zoning districts, including residential districts. The League is opposed to SB 649 (Attachment B) and has asked cities to express their opposition to the bill as well. SB 649 appears to pose a significant threat to the City's ability to enforce its recently - adopted Wireless Telecommunications Facilities Ordinance. The bill effectively provides a de facto exemption to the California Environmental Quality Act (CEQA) for the installation of such facilities and precludes consideration by the public of the 1 aesthetic, nuisance, and environmental impacts of these facilities, all of which are of particular importance when the proposed location of facilities is within a residential zone. Although SB 649 sets limits on the size of antennae and equipment at a given site, it completely ignores the cumulative effects of multiple installations within a given neighborhood or area of a city. Furthermore, SB 649 unconstitutionally preempts local authority by requiring local governments to make available sites they own for the installation of "small cell" sites, thereby giving control of public property to private telecommunications companies, while also precluding local governments from leasing or licensing publicly -owned property. The City is currently processing more than two dozen permit applications under the provisions of its Wireless Telecommunications Facilities Ordinance, with several applications expected to be presented to the Planning Commission in the near future. At this point, it is not clear what impact the enactment of SB 649 would have upon permit applications that are already under review by the City. In light of the serious adverse impacts that the enactment of SB 649 would likely have upon the City, Staff has prepared a letter in opposition to the bill for the Mayor's signature (Attachment A). If approved, Staff will immediately transmit this letter to Senator Hueso and the League. ALTERNATIVES: In addition to the Staff recommendation, the following alternative action is available for the City Council's consideration: Do not authorize the Mayor to sign the letter in opposition to SB 649. 2 April 18, 2017 Via Facsimile: (916) 651-4940 The Honorable Ben Hueso California State Senate, District 40 State Capitol Building, Room 4035 Sacramento, CA 95814 SUBJECT: SB 649 as Proposed to be Amended by RN 17 08941 (Hueso). Wireless and Small Cell Telecommunications Facilities. Notice of Opposition Dear Senator Hueso: The City of Rancho Palos Verdes respectfully opposes your SB 649 and proposed amendments related to the permitting of wireless and small cell telecommunications facilities. This proposal unnecessarily and unconstitutionally strips local authority over public property and shuts out public input and local discretion by eliminating consideration of the aesthetic and environmental impacts of "small cells." This proposal would prohibit local discretionary review of "small cell" wireless antennas , including equipment collocated on existing structures or located on new "poles, structures, or non -pole structures," including those within the public right-of-way and buildings. The proposal preempts adopted local land use plans by mandating that "small cells" be allowed in all zones as a use by -right, including all residential zones. As such, the proposal provides a de facto exemption to the California Environmental Quality Act (CEQA) for the installation of such facilities and precludes consideration by the public of the aesthetic, nuisance, and environmental impacts of these facilities, all of which are of particular importance when the proposed location of facilities is within a residential zone. SB 649's use of the Federal Communications Commission (FCC) definition of a "small cell" includes other "small cell" equipment such as electric meters, concealments, telecom demarcation boxes, ground-based enclosures, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cables, or conduits. The proposal allows for an unlimited number of antennas of less than three cubic feet each or six cubic feet for all antennas, while placing no height restrictions on the pole. While proponents argue that an individual "small cell" has very little impact, the cumulative size specifications of all the small cells and associated equipment far exceed the perceived impacts from a single small cell. The proposal also unconstitutionally preempts local authority by requiring local governments to make available sites they own for the installation of a "small cell." While A-1 Senator Hueso April 18, 2017 Page 2 a city may place "fair and reasonable terms and conditions" on the use of city property, the proposal does not provide a city with any discretion to deny a "small cell" to be located on city property, except for fire department sites. In effect, this measure unconstitutionally gives control of public property to private telecommunications companies, while also precluding local governments from leasing or licensing publicly -owned property. This bill strips local government of the authority to protect the quality of life of our residents, and to protect public property and the public right-of-way from relatively unconstrained access by small cells. In 2015, the City of Rancho Palos Verdes undertook a comprehensive initiative to develop a new wireless telecommunications permitting process for small cells and other installations in the City's public rights-of-way, particularly in residential neighborhoods. This initiative, which undertaken as a result of increasing resident concerns about the proliferation of cell sites in the City's public rights-of-way, involved the participation of City leaders, residents and telecommunications service providers, culminating in the adoption of the City's Wireless Telecommunications Facilities Ordinance in March 2016. The City is currently processing more than two dozen permit applications under this ordinance. Local governments typically encourage new technology into their boundaries because of its potential to dramatically improve the quality of life for their residents. However, SB 649 goes too far by requiring local governments to approve "small cells" in all land use zones, including residential zones, through a ministerial permit, thereby shutting the public out of decisions that could affect the aesthetics of their community and the quality of their environment. For these reasons, the City of Rancho Palos Verdes opposes your SB 649. Sincerely, Brian Campbell Mayor 16,166,1 cc: Rancho Palos Verdes City Council Senator Ben Allen, 26th State Senate District Al Muratsuchi, 66th State Assembly District Nidia Bautista, Consultant, Senate Energy, Utilities and Commerce Committee Kerry Yoshida, Principal Consultant, Senate Republican Caucus Jeff Kiernan, League Regional Public Affairs Manager Meg Desmond, League of California Cities Doug Willmore, City Manager Gabriella Yap, Deputy City Manager Ara Mihranian, Director of Community Development Terry Rodrigue, Interim Director of Public Works A-2 From: Jeff Kiernan To: Jeff Kiernan Subject: ACTION ALERT: Small Cell By Right (Hueso) Proposal Date: Wednesday, April 05, 2017 11:27:12 AM Attachments: SB 649 (Hueso) - Oppose.pdf SB 649 (Hueso) - City SAMPLE LETTER.docx City Managers, It has come to my attention that I likely forgot to blind copy anyone on the Action Alert for SB 649 which I thought I had distributed nearly three weeks ago, so I am resending to you now. SB 649 passed out of Senate Energy, Utilities & Commerce yesterday, but the committee members voiced many of the League's concerns and largely said they were passing it out only as a courtesy. Jeff ACTION ALERT!! OPPOSE SB 649 (Hueso) Wireless Telecommunications Facilities & Proposed Amendments to Install Small Cells By Right The League is opposing SB 649 (Hueso) and proposed amendments in RN 17 08941 (proposal) related to the permitting of wireless and small cell telecommunications facilities. This proposal will unnecessarily and unconstitutionally strip local authority over public property and shuts out public input and local discretion by eliminating consideration of the aesthetic and environmental impacts of "small cells." The proposal includes language that would: • Prohibit local discretionary review of "small cell" wireless antennas, including equipment collocated on existing structures or located on new "poles, structures, or non -pole structures," including those within the public right-of-way; • Preempt adopted local land use plans by mandating that "small cells" be allowed in all zones, including residential zones, as a use by -right; • Provide a de facto exemption to the California Environmental Quality Act (CEQA) for the installation of such facilities and precludes consideration by the public of the aesthetic, nuisance impacts, and other environmental impacts of these facilities; • Includes equipment such as electric meters, concealments, telecom demarcation boxes, ground-based enclosures, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cables, or conduits in the definition of a "small cell." • Preempt local authority over public property by requiring local governments to make available sites they own for the installation of a "small cell." This measure would unconstitutionally give control of city property to private telecommunications companies; and Talking Points: As • This proposal shifts local land use authority away from local governments and puts it squarely into the hands of private interests with complete disregard for any public input. • Local governments have a responsibility to protect the quality of life for our residents and to protect public property in the public right-of-way. • Local governments typically encourage new technology into their communities, but this proposal goes too far, shutting the public out of decisions that can affect their daily quality of life. Apologies for the error. Please let me know if you have any questions. Jeff From: Jeff Kiernan Sent: Thursday, March 16, 2017 4:09 PM To: Jeff Kiernan Subject: ACTION ALERT: Small Cell By Right (Hueso) Proposal Good Afternoon City Managers, Hot off the presses! The League has just issued the action alert below for your attention to oppose SB 649 (Hueso) the proposal that would allow small cellular installations by -right. For those of you in Senator Bradford's district please note that he is on the Senate Energy, Utilities & Commerce Committee which will hear this bill on April 4th, communications to him are the most critical before that date. Please let me know if you have any questions. Jeff ACTION ALERT!! OPPOSE SB 649 (Hueso) Wireless Telecommunications Facilities & Proposed Amendments to Install Small Cells By Right The League is opposing SB 649 (Hueso) and proposed amendments in RN 17 08941 (proposal) related to the permitting of wireless and small cell telecommunications facilities. The proposal is up for a hearing on Tuesday, April 4, 2017 at 9am in Senate Energy. Utilities, and Commerce Committee. This proposal will unnecessarily and unconstitutionally strip local authority over public Folow Lmlin property and shuts out public input and local discretion by eliminating consideration of the aesthetic and environmental impacts of "small cells." The proposal includes language that would: • Prohibit local discretionary review of "small cell" wireless antennas, including equipment collocated on existing structures or located on new "poles, structures, or non -pole structures," including those within the public right-of-way; • Preempt adopted local land use plans by mandating that "small cells" be allowed in all zones, including residential zones, as a use by -right; • Provide a de facto exemption to the California Environmental Quality Act (CEQA) for the installation of such facilities and precludes consideration by the public of the aesthetic, nuisance impacts, and other environmental impacts of these facilities; • Includes equipment such as electric meters, concealments, telecom demarcation boxes, ground-based enclosures, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cables, or conduits in the definition of a "small cell." • Preempt local authority over public property by requiring local governments to make available sites they own for the installation of a "small cell." This measure would unconstitutionally give control of city property to private telecommunications companies; and ACTION: Please call your Senator as soon as possible to oppose SB 649 and its proposed amendments to prohibit local discretionary review of "small cell" wireless antennas, including equipment collocated on existing structures or located on new poles, structures, or non -pole structures. Tuesday, April 4, 2017 at 9am in Senate Energy, Utilities, and Commerce Committee. Here is the committee makeup: Member District Party Room Phone Fax Bradford, Steven 35 D� 2062 9166514 9166514 Cannella, Anthonv 12 R� 5082 9166514 916 6514912 Hertzberg, Bob 18 D� 4038 916 651 4018 916 6514918 Hill err 13 D� 5035 916 6514013 916 6514913 Hueso. Ben (Chair) 40 D� 4035 916 6514040 916 6514940 McGuire, Mike 2 1 D� 5061 916651 916 6514902 Morrell. Mike (Vice -Chair) 23 R� 3056 916 6514023 916 6514923 Skinner; Nanck 9� D� 2059 916 6514009 916 6514909 Stern,Henry 27 D� 3070 916 6514027 916 6514927 Vidak, Andv 14 R� 3082 916 6514014 1916 6514914 Wiener. Scott 11 =] 4070 916 651407171]1 916651 You can find your Legislator's contact information here: Talking Points: • This proposal shifts local land use authority away from local governments and puts it squarely into the hands of private interests with complete disregard for any public input. Local governments have a responsibility to protect the quality of life for our residents and to protect public property in the public right-of-way. • Local governments typically encourage new technology into their communities, but this proposal goes too far, shutting the public out of decisions that can affect their daily quality of life. Jeffrey Kiernan Regional Public Affairs Manager League of California Cities® 8581 Santa Monica Blvd. #325 West Hollywood, CA 9oo69 Cell: (31o) 630-7505 L�OFLEAIGUE" CITIES The Honorable Ben Hueso California State Senate, District 40 State Capitol Building, Room 4035 Sacramento, CA 95814 1400 K Street, Suite 400 Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org RE: SB 649 as Proposed to be Amended by RN 17 08941 (Hueso). Wireless and Small Cell Telecommunications Facilities. Oppose Dear Senator Hueso: The League of California Cities respectfully opposes your SB 649 and proposed amendments in RN 17 08941 (proposal) related to the permitting of wireless and small cell telecommunications facilities. This proposal unnecessarily and unconstitutionally strips local authority over public property and shuts out public input and local discretion by eliminating consideration of the aesthetic and environmental impacts of "small cells." This proposal would prohibit local discretionary review of "small cell" wireless antennas , including equipment collocated on existing structures or located on new "poles, structures, or non -pole structures," including those within the public right-of-way and buildings. The proposal preempts adopted local land use plans by mandating that "small cells" be allowed in all zones as a use by -right, including all residential zones. As such, the proposal provides a de facto exemption to the California Environmental Quality Act (CEQA) for the installation of such facilities and precludes consideration by the public of the aesthetic, nuisance, and environmental impacts of these facilities, all of which are of particular importance when the proposed location of facilities is within a residential zone. The proposal's use of the Federal Communications Commission (FCC) definition of a "small cell" include other "small cell" equipment such as electric meters, concealments, telecom demarcation boxes, ground-based enclosures, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cables, or conduits. The proposal allows for an unlimited number of antennas of less than three cubic feet each or six cubic feet for all antennas, while placing no height restrictions on the pole. While proponents argue that an individual "small cell" has very little impact, the cumulative size specifications of all the small cells and associated equipment far exceed the perceived impacts from a single cell. The "associated equipment" as defined in this proposal includes up to 28 cubic feet for collocations on all non -pole structures such as on building and water tanks and 21 cubic feet for collocations on all pole structures such as light poles/traffic signal poles/and utility poles when the structures can support less than three providers. For structures that can support at least three providers, the definitions would allow for up to 35 cubic feet for non -pole collocations and 28 cubic feet for pole collocations. The proposal also unconstitutionally preempts local authority by requiring local governments to make available sites they own for the installation of a "small cell." While the city may place "fair and reasonable terms and conditions" on the use of city property, the proposal does not provide the city with any discretion to deny a "small cell" to be located on city property except for fire department sites. In effect, this measure unconstitutionally gives control of public property to private telecommunications companies, while also precluding local governments from leasing or licensing publicly owned property. Further, the requirement that a city allow the installation of a small cell on city -owned property not within the right-of-way to the extent that it allows access to the property for other commercial projects or uses has the potential to lead to absurd and illogical results. For example, if a city -owned Little League field allows commercial signage on its outfield wall, the city would be precluded from denying a demand to allow a small cell on the property no matter how inappropriate such a use would be. Under this proposal, local governments would be required to give preferential treatment to one industry that has received "most favored nation" status under state law. No justification is provided for why this is necessary. This bill strips local government of the authority to protect the quality of life of our residents, and to protect public property and the public right-of-way from relatively unconstrained access by small cells. Local governments typically encourage new technology into their boundaries because of its potential to dramatically improve the quality of life for their residents. However, this proposal goes too far by requiring local governments to approve "small cells" in all land use zones, including residential zones, through a ministerial permit, thereby shutting the public out of decisions that could affect the aesthetics of their community and the quality of their environment. For these reasons, the League respectfully Opposes this proposal. If you have any questions regarding our position, please contact Rony Berdugo at 916-658-8283 or at rberdugogcacities.org. Sincerely, Rony Berdugo Legislative Representative cc: Members, Senate Energy, Utilities, and Commerce Committee Nidia Bautista, Consultant, Senate Energy, Utilities and Commerce Committee Kerry Yoshida, Principal Consultant, Senate Republican Caucus AMENDED 1N SENATE MARCH 28, 2017 SENATE BILL No. 649 Introduced by Senator Hueso (Principal coauthor: Assembly Member Quirk) (Coauthor: Senator Dodd) February 17, 2017 An act to amend Seetions 65950.6 aw a Section 65964�f of, and to add Section 65964.2 to, the Government Code, relating to telecommunications. LEGISLATIVE COUNSEL'S DIGEST SB 649, as amended, Hueso. Wireless telecommunications facilities. Under existing law, a wireless telecommunications collocation facility, as specified, is subject to a city or county discretionary permit and is required to comply with specified criteria, but a collocation facility, which is the placement or installation of wireless facilities, including antennas and related equipment, on or immediately adjacent to that wireless telecommunications collocation facility, is a permitted use not subject to a city or county discretionary permit. Existing law defines va-riotts terms for these ptffposes. This bill would provide that a small cell is a permitted use, not subject to a city or county discretionary permit, if the small cell meets specified requirements. By imposing new duties on local agencies, this bill would impose a state -mandated local program. The bill would authorize a city or county to require an administrative permit for small cell, as specified. The bill would define the term "small cell" type of teleeotmmmieatiotts faeili for these purposes. Under existing law, a city or county, as a condition of approval of an application for a permit for construction or reconstruction of a 98 C-1 SB 649 —2— development 2— development project for a wireless telecommunications facility, may not require an escrow deposit for removal of a wireless telecommunications facility or any component thereof, unreasonably limit the duration of any permit for a wireless telecommunications facility, or require that all wireless telecommunications facilities be limited to sites owned by particular parties within the jurisdiction of the city or county, as specified. This bill wouldapply these prohibitions to the approval of small faeilities as defitted by this bill. require permits for these facilities to be renewed for equivalent durations, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: eyes. State -mandated local program: eyes. The people of the State of California do enact as follows: 1 SECTION 1. The Legislature finds and declares that, to ensure 2 that communities across the state have access to the most advanced 3 wireless communications technologies and the transformative 4 solutions that robust wireless connectivity enables, such as Smart 5 Communities and the Internet of Things, California should work 6 in coordination with federal, state, and local officials to create a 7 statewide framework for the deployment of advanced wireless 8 communications infrastructure in California that does all of the 9 following: 10 (a) Reaffirms local governments' historic role and authority I 1 with respect to wireless communications infrastructure siting and 12 construction generally. 13 (b) Reaffirms that deployment of telecommunications facilities 14 in the rights-of-way is a matter of statewide concern, subject to a 15 statewide franchise, and that expeditious deployment of 16 telecommunications networks generally is a matter of both 17 statewide and national concern. 18 (c) Recognizes that the impact on local interests from individual 19 small wireless facilities will be sufficiently minor and that such 98 C-2 -3— SB 649 1 deployments should be a permitted use statewide and should not 2 be subject to discretionary zoning review. 3 (d) Requires expiring permits for these facilities to be renewed 4 so long as the site maintains compliance with use conditions 5 adopted at the time the site was originally approved. 6 (e) Requires providers to obtain all applicable building or 7 encroachment permits and comply with all related health, safety, 8 and objective aesthetic requirements for small wireless facility 9 deployments on a ministerial basis. 10 (f) Grants providers fair, reasonable, nondiscriminatory, and 11 nonexclusive access to locally owned utility poles, street lights, 12 and other suitable host infrastructure located within the public 13 right-of-way and in other local public places such as stadiums, 14 parks, campuses, hospitals, transit stations, and public buildings 15 consistent with all applicable health and safety requirements, 16 including Public Utilities Commission General Order 95. 17 (g) Provides for full recovery by local governments of the costs 18 of attaching small wireless facilities to utility poles, street lights, 19 and other suitable host infrastructure in a manner that is consistent 20 with existing federal and state laws governing utility pole 21 attachments generally. 22 (h) Permits local governments to charge wireless permit fees 23 that are fair, reasonable, nondiscriminatory, and cost based. 24 (i) Advances technological and competitive neutrality while not 25 adding new requirements on competing providers that do not exist 26 today. 27 SEC. 2. Seetion 65850.6 of the Govermitent Gode is ame 28 to read.2 29 30 31 following requirements: 32 33 34 . 35 36 whieh the eolloeation faeility is proposed was stibjeet to a- 37 38 , or a negative deela-ration or mitigate 39 negative deelaration was adopted for the wir 40 98 C-3 SB 649 -4- 98 C-4 ... -_ -- .. - -- • - -- . -- . -- .... -- -- --- . ... --- . . -- -- --- . . -- . . - -: ;. • . . .. .. . . . . . . INNO IVA.. :. -; ; �IVOLIAAAMIMKV .:- .- ;111111 ------------- ; 4 V All, VAN • -; :. I •11 1-.,IIIIIILIJIW- . . .. .. . . . . . . • -:. I VA 98 C-4 — 5 — SB 649 1 , 2 3 "Small 4 within the volume limits established by the Federal 5 Gommttnieations Gommission for small wireless antennas and 6 assoeiated equipment in the First Amendment to Nation 7 8 9 « 10 and network eomponents stieh as towers, tAility poles, transmitters, 11 base stations, and emergeney power systems that are integral to 12 providing wireless teleeommuttieat' 7 13 " means 14 15 r emss 16 (e) The I�egislature finds and deelares that both small eel! an 17 , 18 19 that term is ttsed itt Seetion 5 -of Artilc VT of the G is f ....: 20 7 bttt are a matter of statewide eotteern. 21 22 , the review by the eity or eotmty shall 23 be limited �'-- t+1 --i M-40B.Orized by Seetion 332(e)(7) of Title 47 0 24 the United States Gode, or as that seetion may be hereafte 25 26 SECS 27 SEC. 2. Section 65964 of the Government Code is amended 28 to read: 29 65964. Asa condition of approval of an application for a permit 30 for construction or reconstruction for a development project for a 31 wireless telecommunications ,facility, as 32 defined in Section 65850.6, a city or county shall not do any of 33 the following: 34 (a) Require an escrow deposit for removal of a wireless 35 telecommunications facility or any component thereof. However, 36 a performance bond or other surety or another form of security 37 may be required, so long as the amount of the bond security is 38 rationally related to the cost of removal. In establishing the amount 39 of the security, the city or county shall take into consideration 98 C-5 SB 649 —6— I 6- 1 information provided by the permit applicant regarding the cost 2 of removal. 3 (b) Unreasonably limit the duration of any permit for a wireless 4 telecommunications facility. Limits of less than 10 years are 5 presumed to be unreasonable absent public safety reasons or 6 substantial land use reasons. However, cities and counties may 7 establish a build -out period for a site. A permit shall be renewed 8 for an equivalent duration unless the city or county makes a finding 9 that the wireless telecommunications facility does not comply with 10 the codes and permit conditions applicable at the time the permit 11 was initially approved. 12 (c) Require that all wireless telecommunications facilities be 13 limited to sites owned by particular parties within the jurisdiction 14 of the city or county. 15 SEC. 3. Section 65964.2 is added to the Government Code, to 16 read: 17 65964.2. (a) A small cell shall be a permitted use not subject 18 to a city or county discretionary permit if it satisfies the following 19 requirements: 20 (1) The small cell is located in the public right-of-way in any 21 zone or in any zone that includes a commercial or industrial use. 22 (2) The small cell complies with all applicable state and local 23 health and safety regulations. 24 (3) The small cell is not located on afire department facility. 25 (b) (1) A city or county may require that the small cell be 26 approved pursuant to a single administrative permit provided that 27 the permit is issued within the time frames required by state and 28 federal law. 29 (2) An administrative permit may be subject to the following: 30 (A) The same administrative permit requirements as similar 31 construction projects applied in a nondiscriminatory manner. 32 (B) The submission of additional information showing that the 33 small cell complies the Federal Communications Commission's 34 regulations concerning radio frequency emissions referenced in 35 Section 332(c)(7)(B)(iv) of Title 47 of the United States Code. 36 (3) The administrative permit shall not be subject to: 37 (A) Requirements to provide additional services, directly or 38 indirectly, including, but not limited to, in-kind contributions such 39 as reserving fiber, conduit, or pole space. 98 C-6 — 7 — SB 649 1 (B) The submission of any additional information other than 2 that required of similar construction projects, except as specifically 3 provided in this section. 4 (C) Limitations on routine maintenance or the replacement of 5 small cells with small cells that are substantially similar, the same 6 size or smaller: 7 (D) The regulation of any antennas mounted on cable strands. 8 (c) A city or county shall not preclude the leasing or licensing 9 of its vertical infrastructure located in public right-of-way or public 10 utility easements under the terms set forth in this paragraph. 11 Vertical infrastructure shall be made available under fair and 12 reasonable fees, terms, and conditions and offered on a 13 nondiscriminatory basis for small cells. Fees shall be cost -based, 14 and shall not exceed the lesser of either of the following: 15 (1) The costs of ownership of the percentage of the volume of 16 the capacity of the vertical infrastructure rendered unusable by a 17 small cell. 18 (2) The rate produced by applying the formula adopted by the 19 Federal Communications Commission for telecommunications 20 pole attachments in Section 1.1409(e)(2) of Part 47 of the Code 21 of Federal Regulations. 22 (d) A city or county shall not unreasonably discriminate in the 23 leasing or licensing of property not located in the public 24 right-of-way owned or operated by the city or county for 25 installation of a small cell. A city or county shall authorize the 26 installation of a small cell on property owned or controlled by the 27 city or county not located within the public right-of-way to the 28 same extent the city or county permits access to that property for 29 commercial projects or uses. These installations shall be subject 30 to reasonable and nondiscriminatory rates, terms, and conditions. 31 (e) For purposes of this section, the following terms have the 32 following meanings: 33 (1) (A) "Small cell" means a wireless telecommunications 34 facility, as defined in Section 65850.6, using licensed or unlicensed 35 spectrum that meets the following qualifications: 36 (i) Any individual antenna, excluding the associated equipment, 37 is individually no more than three cubic feet in volume, and all 38 antennas on the structure total no more than six cubic feet in 39 volume, whether in a single array or separate. 98 C-7 SB 649 1 (ii) (I) The associated equipment on pole structures does not 2 exceed 21 cubic feet for poles that can support fewer than three 3 providers or 28 cubic feet for pole collocations that can support 4 at least three providers, or the associated equipment on nonpole 5 structures does not exceed 28 cubic feet for collocations that can 6 support fewer than three providers or 35 cubic feet for collocations 7 that can support at least three providers. 8 (II) The following types of associated ancillary equipment are 9 not included in the calculation of equipment volume: 10 (ia) Electric meters and any required pedestal. 11 (ib) Concealment elements. 12 (ic) Any telecommunications demarcation box. 13 (id) Grounding equipment. 14 (ie) Power transfer switch. 15 (ifi Cut-off switch. 16 (ig) Vertical cable runs for the connection of power and other 17 services. 18 (B) "Small cell " does not include communications infrastructure 19 extending beyond the telecommunications demarcation box. 20 (2) "Vertical infrastructure" means all poles or similar facilities 21 owned or controlled by a city or county that are in the public 22 right-of-way or public utility easements and meant for or used in 23 whole or in part for, communications service, electric service, 24 lighting, traffic control, signage, or similar functions. 25 ( The Legislature finds and declares that small cells, as defined 26 in this section, have a significant economic impact in California 27 and are not a municipal affair as that term is used in Section 5 of 28 Article XI of the California Constitution, but are a matter of 29 statewide concern. 30 SEC. 4. No reimbursement is required by this act pursuant to 31 Section 6 of Article XIIIB of the California Constitution because 32 a local agency or school district has the authority to levy service 33 charges, fees, or assessments sufficient to pay for the program or 34 level of service mandated by this act, within the meaning of Section 35 17556 of the Government Code. 31 98 •