City of Harrisonburg - File #: ORD 19-019

• File #: ORD 19-019
• Version: 1
• Name: small cell wireless facilities
• Type: Ordinance
• Status: Passed
• File created: 6/18/2019
• In control: City Council
• On agenda: 8/13/2019
• Final action: 8/13/2019
• Title: Consider enacting Ordinance - Title 6, Chapter 1, Article F of the City Code, "Small Cell Wireless Facilities in the Public Right-of-Way."

Date	Ver.	Action By	Action	Result
8/13/2019	1	City Council	approved on second reading
7/23/2019	1	City Council	approved on first reading	Pass
6/25/2019	1	City Council	tabled

Subject:

Title

Consider enacting Ordinance - Title 6, Chapter 1, Article F of the City Code, “Small Cell Wireless Facilities in the Public Right-of-Way.”

Body

Presented By:  Chris Brown, City Attorney

Recommendation and Review

In 2017 and 2018, the General Assembly enacted new provisions governing how local governments treat requests to place small cell wireless communication facilities in the public right-of-way. Then, September 27, 2018, the Federal Communications Commission issued a declaratory ruling related to municipal restrictions on small cell wireless facilities in the right-of-way.

The proposed ordinance implements these new, mandatory regulatory provisions. Where there is conflict between the Virginia Code and the FCC declaratory ruling, the ordinance reflects the stricter option.