(A) The provisions of this chapter shall be known as the Small Wireless Facilities Regulations for the Right-of-Way. It is the purpose of these provisions to delineate restrictions, development standards and siting criteria, and establish removal procedures in order to protect the municipality from the uncontrolled siting of wireless communication facilities in locations that have significant adverse effects and cause irreparable harm.
(B) The Legislature found and declared in the Small Wireless Facilities Deployment Act that:
(1) The deployment of small wireless facilities and other next-generation wireless facilities is a matter of statewide concern and interest and public policy;
(2) Wireless products and services are a significant and continually growing part of the state's economy and that encouraging the development of strong and robust wireless communications networks throughout the state is necessary to address public need and policy and is integral to the state's economic competitiveness;
(3) Rapid deployment of small wireless facilities will serve numerous important statewide goals and public policy, including meeting growing consumer demand for wireless data, increasing competitive options for communications services available to the state's residents, improving the ability of the state's residents to communicate with other residents and with their state and local governments, and promoting public safety;
(4) Small wireless facilities, including facilities commonly referred to as small cells and distributed antenna systems, are deployed most effectively in public rights-of-way;
(5) To meet the public need and policy and the key objectives of the Small Wireless Facilities Deployment Act that wireless providers must have access to the public rights-of-way to densify their networks and provide next-generation wireless services;
(6) Uniform procedures, rates, and fees for permit issuance and deployment of small wireless facilities in public rights-of-way and on authority infrastructure, including poles, throughout the state that are reasonable and will encourage the development of robust next-generation wireless networks for the benefit of residents throughout the state; and
(7) The procedures, rates, and fees in the Small Wireless Facilities Deployment Act, together with any taxes, fees, or charges imposed under Neb. RS 86-704:
(a) Are fair and reasonable when viewed from the perspective of the state's residents and the state's interest in having robust, reliable, and technologically advanced wireless networks; and
(b) Reflect a balancing of the interests of the wireless providers deploying new facilities and the interests of authorities in receiving fair value by recovering their costs of managing access to the public rights-of-way and provide for the attachment space on authority infrastructure and enable the reviewing and processing of applications for the installation of small wireless facilities within the rights-of-way.
(Ord. 1096, passed 8-27-2019)