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P.H. 2017-53: (PUBLIC HEARING 2ND READING)
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, ENACTING A TEMPORARY MORATORIUM TO PROHIBIT THE ACCEPTANCE OR PROCESSING OF ANY APPLICATION FOR A PERMIT, DEVELOPMENT ORDER, OR ANY OTHER OFFICIAL ACTION OF THE CITY HAVING THE EFFECT OF PERMITTING OR ALLOWING THE CONSTRUCTION OF WIRELESS COMMUNICATIONS FACILITIES IN THE PUBLIC RIGHTS-OF-WAY CONTROLLED BY THE CITY; PROVIDING FOR A SIX MONTH TERM TO BE EXTENDED IF NECESSARY BY THE CITY COMMISSION; PROVIDING FOR EARLY TERMINATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
(Fiscal Impact: N/A)
FIRST READING: MAY 9, 2017
staffcontact
(Staff Contact: John Sfiropoulos)
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Summary Explanation/Background:
The City has been receiving numerous requests from companies to place wireless communication facilities within public rights-of-way. Florida Statute Section 337.401 addresses the authority of municipalities to regulate placement of communication facilities in the public rights-of-way. Legislation is currently in process (HB 687 and SB 596 attached) to amend Florida Statute Section 337.401 as a result of the Federal Communication Commission's adoption of new regulations.
In light of these changes in federal regulations as well as the emerging technology within the communication's industry, a moratorium would allow the City time to thoroughly review its policies and codes (attached) related to installation of wireless communications within public rights-of-way, and amend them as necessary.
Origin of request for this action: Staff
Fiscal impact and source of funding: N/A