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BACKGROUND On September 26, 2018, the FCC adopted new rules that further limit local authority to regulate "small wireless facilities" as that term is defined in 47 C.F.R. § 1.6002(1). Small wireless facilities generally include smaller scale antennas and associated facilities that are part of the next generation of wireless technology, known as 5G. The FCC rules, which became effective on January 14, 2019 (timeframe and fee regulations), and April 15, 2019 (aesthetic regulations), require the City to review small wireless applications in a very limited timeframe, and to do so in a manner consistent with the FCC's national standard for permissible local regulations. In order to address these new regulations, on March 11, 2019, City Council adopted an urgency ordinance amending the Pleasanton Municipal Code to add a new section regarding small wireless facilities, adopted a resolution approving a new Council Policy for the purpose of regulating the permitting, design and location of such facilities citywide, and approved the use of a standard Pole License Agreement1 between the City and small wireless providers. While the FCC rules place limitations on the timeframe and scope of local review, the City's adopted policy incorporates detailed aesthetic, locational, and other criteria with which any small wireless facility must be consistent, to minimize the impact of these facilities on the community, to the extent feasible. DISCUSSION The FCC regulations allow municipal agencies to assess reasonable fees related to small wireless facility application processing, in addition to licensing fees for agency- owned vertical infrastructure. The City Council Policy regarding small wireless facilities outlines application requirements, including that applicants shall submit the permit application fee established by City Council resolution. The resolution currently before Council establishes this fee. The recommended fee of $3,779 per site for facilities within the public right of way, and $3,552 per site for facilities on private property, is intended to offset costs associated with staff and consultant time necessary to process the applications in the timeframe required by law. The fee is a composite of staff and consultant rates for anticipated processing times associated with the various steps of the review process, and is outlined in Attachment 2. The fee includes anticipated administrative costs, postage for required notice mailings, outside legal review, third party technical review, and in-house staff time for necessary planning and engineering reviews and processing. The proposed fee is consistent with the fees established by similar agencies within the Bay Area, including Dublin, Danville and San Mateo. 1 The approved Pole License Agreement addresses issues and requirements for small wireless providers that wish to utilize the City's vertical infrastructure (e.g., City light poles) and includes an annual Pole License Fee of$270 per site (with an annual automatic increase of 3%). This rate is the maximum allowable under the FCC rules, and is separate from the application fee outlined in this report. Page 2 of 3