File #: 18-101    Version: 1 Name:
Type: Ordinance / Regular Agenda Status: Passed
File created: 11/2/2017 In control: City Commission
On agenda: 11/14/2017 Final action: 11/14/2017
Title: P.H. 2018-16: (PUBLIC HEARING 1ST READING) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, GRANTING AN ADDITIONAL 120-DAY 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 EARLY TERMINATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (Fiscal Impact: N/A)
Attachments: 1. City Attorney Communication, 2. Ordinance
title
P.H. 2018-16: (PUBLIC HEARING 1ST READING)
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, GRANTING AN ADDITIONAL 120-DAY 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 EARLY TERMINATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
(Fiscal Impact: N/A)

staffcontact
(Staff Contact: John Sfiropoulos)

summary
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 which addresses the authority of municipalities to regulate placement of communication facilities in the public rights-of-way was recently amended 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 six (6) month moratorium was approved by Commission on May 23, 2017 to allow the City time to thoroughly review its policies and codes related to installation of wireless communications within public rights-of-way, and amend them as necessary.

We have recently received a draft Code amendment from Gray Robinson Law Firm for review, however, the moratorium is scheduled to dissolve November 23, 2017. We therefore are requesting a 120-day extension to this moratorium to provide us with adequate time to review and revise our Code as necessary.

Origin of request for this action: Staff
Fiscal impact and source of funding: N/A

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