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BACKGROUND In August and September 2018, the FCC adopted regulations limiting the authority of cities and states to regulate wireless technological attachments to public infrastructure (e.g., street light and utility poles) needed for the deployment of 5G technology. These regulations compel local governments to permit access to publicly owned infrastructure with set time limits as low as 60 days to conduct all necessary reviews and approvals. The regulations also set limits on fees and rates that can be charged for the review of such applications and the rates that can be charged for use of the publicly owned infrastructure. Regulations affecting review periods and fees took effect on January 14, 2019. Regulations affecting aesthetics will take effect on April 15, 2019. H.R. 530 — Accelerating Broadband Development by Empowering Local Communities Act of 2019 was introduced by Representative Anna Eshoo to address these recently adopted FCC regulations, and if passed would deem that that these regulations have no force or effect. The bill has been referred to the Committee on Energy and Commerce. The Tri-Valley Cities Mayors during their visit to Washington D.C. in January 2019 urged Congressman Eric Swalwell to support the bill and he has signed on as a co- sponsor. On February 13, 2019 the Tri-Valley Cities Mayors signed a letter in support of H.R. 530 to the House Committee on Energy and Commerce to advance the bill out of their committee. DISCUSSION The FCC's regulations limiting the authority of cities and states to regulate wireless technological attachments to public infrastructure will have the following impacts on the City of Pleasanton: • Limit local environmental and design review • Limit inclusion of constituents in the approval process • Allow corporations to use publically owned infrastructure to deploy 5G technology • Limit the City's ability to analyze and identify the cost-benefit of this technology to its residents • Limit the fees for review of projects and rates the City can charge for use of publicly owned infrastructure The City shares the FCC's goal of ensuring efficient, safe, and appropriate deployment of new broadband technology but not at the expense of local control. As stated in the City's Legislative Framework, the City supports legislation and policies that protect and ensure the City's ability and authority to exercise local control, enable excellent public services, and protect and enhance the quality of life for Pleasanton residents and businesses. While the FCC's regulations attempt to streamline the process to deploy 5G technology, they strip municipalities of the ability to allow for a public process that is sensitive to our community needs. While staff has initiated the steps that need to be taken to protect the City to the extent possible from these regulations, staff is also recommending that the City Council take a Page 2 of 3