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