CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Adopt the Resolution Urging the Governor to Veto Senate Bill 1451 (Small Cell Wireless Bill)
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DEPARTMENT: Legal Department
SUBMITTED BY: Mike DiSanto, City Attorney
BOARD/COMMISSION REVIEW:
N/A
BACKGROUND:
Senate Bill (SB) 1451 was initially introduced by the urging of telecommunications service providers to limit municipalities' ability to regulate the location of small cell wireless facilities and the fees a municipality could charge for the use of its rights-of-way (ROWs).
While the City enthusiastically supports the goals of providing reliable cellular coverage throughout the community, the City has not supported SB 1451 because it limits home rule powers and municipal authority to regulate small cell facilities.
After its initial introduction, the service providers and a group representing municipalities began negotiations to lessen the strictness of the bill on municipalities. Although there was some movement on the part of the service providers, the bill still severely limits municipalities' ability to regulate their own ROWs.
For instance, SB 1451 permits the following: a private business entity to use public ROWs at a rate far below market value and install antennas as large as six (6) cubic feet in size, and associated equipment up to twenty-five (25) cubic feet in size, on existing or new utility poles subject to minimal zoning regulations by the municipality; and it creates an automatic approval timeline, which is one-sided and detrimental to the public when a permit is incomplete or inadequate.
SB 1451 preempts local home rule authority and the City of Chicago is exempt from its regulations.
The City, as well as many other municipalities and government coalitions, such as the DuPage Mayors and Managers Conference, have actively opposed SB 1451 since it was introduced in the previous legislative session. Mayor Chirico and Mayor Irvin of Aurora held a joint press conference with Mayors of...
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