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December 12, 2017 17 - 539 - Adoption of an ordinance to amend and reordain Article XI of Chapter 32 of the Code of the City of Portsmouth, Virginia (2006) (Streets, Sidewalks, and Local Improvements) by changing the name of Article XI to “Wireless Facilities”, creating Divisions 1 through 5 thereof, amending and/or moving existing Sections 32-301 through 32-310, and establishing new additional Sections, all for the purpose of governing the placement of wireless facilities within the City’s public ways. Background:  During the 2017 session the General Assembly adopted Senate Bill 1282, which required localities to grant access to wireless providers to place small cell wireless facilities on existing poles and other structures in the right of way, imposed mandatory permitting timeframes, and limited local fees.  In June 2017 City Council adopted a new Article XI of Chapter 32 of the City Code to comply with the requirements for permitting the attachment of small cell facilities to existing structures mandated by SB 1282.  SB 1282 also addressed other aspects of the placement of wireless facilities in the right of way, including the construction of new poles to house wireless facilities and the attachment of wireless facilities to city-owned structures (e.g. street lights and traffic signal poles). Discussion:  Over the past several months the City has been approached by wireless infrastructure and services providers requesting access to the right of way as contemplated by SB 1282.  Traditionally, localities have provided right of way access to utility providers through comprehensive “franchise agreements”.  A franchise agreement has been negotiated with Mobilitie, LLC, a wireless infrastructure provider. The agreement will be presented at the December 12, 2017 meeting for Council consideration.  In connection with the franchise agreement, staff has prepared a proposed Code amendment to expand the scope of Article XI of Chapter 32.  The franchise agreements are subject to, and require compliance with, the Code.  Staff anticipates that the General Assembly will continue to amend this area of the law; to implement new or changed requirements resulting from changes to state law, it will be far simpler to amend the Code than it will be to amend each individual franchise agreement. City Council can effectively amend the franchise agreements by amending the Code.  The current proposed Code amendment expands the scope of the Code to match the scope of the franchise agreements. The original version of Article XI adopted in June governed only the attachment of small cell facilities to existing structures in the right of way. After adoption of the amendment, the Code will cover other right of way uses authorized by the franchise agreement, including the construction of new poles to house wireless facilities in the right of way and the use of city-owned poles in the right of way.  The Code amendment is an essential complement to the franchise agreements. Financial Impact:  The proposed Code amendment establishes permit fees for wireless facilities applications in accordance with the limitations imposed by state law. Recommended Action:  Adoption of the ordinance. Next Steps Following Council Action:  The Engineering Department will implement the permitting requirements contained in the amended Code. Motion by Ms. Lucas-Burke, and seconded by Mr. Clark, to adopt the following ordinance, and was adopted by the following vote: