HomeMy WebLinkAboutInformation Update201907081
AGENDA
INFORMATION UPDATE
July 8, 2019
4:00 PM,
I.INFORMATION UPDATE
I.A.Wireless Update
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INFORMATION MEMORANDUM
TO:City of Aspen Mayor and Council
FROM:Jessica Garrow, Director Community Development
Paul Schultz, Director Information Technology
Justin Forman,Division Manager Engineering Department
DATE:July 8, 2019
RE:Information Only: Update on Small Cell Wireless work
SUMMARY &BACKGROUND: State and Federal law surrounding “small cell” wireless infrastructure has been
rapidly evolving. In late 2017 Colorado state law was amended to, among other things, create a “use by
right” for small cell facilities in any zone district, and subjects applications for small cell facilities to new
“shot clocks” that require expedited processing of all small cell applications. More recently, a ruling issued
by the FCC, and which is currently in effect, threatens to significantly reduce local control of small cell
wireless infrastructure, and requires the city to address our cell regulations to reflect the ruling while
protecting Aspen’s design and aesthetic standards.
To address this changing landscape, the City adopted new Wireless Regulations in March of this year.
These regulations outline the requirements for any wireless deployment on private property, in the public
right of way, and on City property. As part of this work, the City worked with a telecommunications
attorney to ensure our regulations meet state and federal requirements, while also going as far as possible
to protect Aspen’s unique small town character. When asked during the public hearing on Aspen’s recent
wireless code amendments, our outside telecommunications counsel, who has worked on dozens of code
amendments for local communities in Colorado, noted that Aspen’s is one of the more restrictive he has
seen. These regulations,initial interim design guidelines, and the applications requirements are available
online at: https://www.cityofaspen.com/1223
As part of the update to the Land Use Code, staff was directed to update the City’s Design Guidelines
relative to wireless deployments in the right-of-way. City Council provided additional budget to complete
a robust document, and the City issued a Request for Proposal (RFP)for this work. The bid process closed
on Friday, June 28th, and three (3)bids were received. Staff anticipates a vendor to be selected and to be
under contract by the end of July.
Additionally, staff has been exploring ways to minimize the number and size of Small Cells including using
Neutral Host/multi-carrier Small Cells. Through a Request for Qualifications (RFQ) and RFP process, staff
has identified and is working with a Neutral Host firm with the goal of incenting wireless carriers to operate
using shared Small Cells vs. each carrier implementing their own Small Cells. The previous City Council
authorized budget for Small Cell experiments and staff is planning experiments to test visual and
construction impacts of Neutral Host Small Cells. 2
Small Cell Wireless Informational Memo
Page 2 of 2
DISCUSSION:Staff believes that addressing wireless facility deployment in Aspen is one of the most
important issues that the City needs to address. Because of state and federal regulations, the City has a
shorted time frame to review and approve applications through land use and permitting (in some cases
as little as 30 days), and it is very difficult for communities to deny requests for these facilities. As such, a
broad multi-department team is working on this issue so the City can stay as ahead of Small Cell
deployment as much as possible. While the Land Use regulations are quite robust, an updated Design
Guideline document will further protect the City’s aesthetic interests.
To date, only two (2) requests have been formally processed for new wireless facilities – one located on
the St. Regis, and one at the Aspen Meadows. Both propertieshave been locations for significant wireless
facilities over the years, and the new applications are consistent with these previous deployments.
However, a wireless carrier has approached City staff and indicated an interest in adding two (2) new poles
to Main Street. These would comply with the current requirements, limiting height to twenty-five (25)
feet, and ensuring they are not located in sight triangles or in the drip line of trees.
It is important to note that as additional applications come forward, amendments to the City’s regulations
may be necessary. Staff will be able to turn Land Use Code amendments around quickly and will be able
to incorporate additional requirements into the Design Guidelines document as work continues.
It should be noted that local governments are preempted from regulating small cells (or other wireless
facilities) on the basis of health concerns and radio frequency (RF) emissions. Our current code does
require the carriers to comply with all federal regulations regarding RF emissions. Local government can,
however, regulate based on aesthetics, location, number, and installation type.
NEXT STEPS:There are a number of next steps planned, including:
Work Session: A work session is scheduled for August 5th, where staff will present information on
progress on the Updated Design Guidelines, and request direction regarding the options for a neutral host
system. If Council has other items of interest, please reach out to staff so we can include that information
at the work session.
Community Information Campaign: Staff is working to finalize a contract with a firm to assist in the
creation of community information materials on this topic. This will include flyers, a social media
campaign, and newspaper ads. The purpose of this work is to ensure the community is aware of and
understands the limitations we have in regulating this new technology, as well as the proactive work being
completed to ensure our codes are as strict as possible. Additionally, should City Council support
exploration of a neutral host system, staff will work with the firm to publicize any example deployments.
Updated Design Guidelines: Staff will be working over the summer and into the fall on finalizing more
robust design guidelines. Staff anticipates check-ins with City Council during this time period.
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