The City Council of the City of Brea expressly finds that the installation of small wireless facilities in city rights-of-way requires city regulation, consistent with State and federal law as it currently exists, in order to more fully protect the public health and safety, preserve and protect the city's aesthetic interests, protect city infrastructure and other public facilities, and to provide for the orderly deployment of small wireless facilities in order to ensure the continued quality of telecommunication services to the public.
The City Council further finds that regulations established herein are not intended to, nor shall they be interpreted or applied to:
A. Prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services;
B. Prohibit or effectively prohibit any personal wireless service provider's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules or regulations;
C. Unreasonably discriminate among providers of functionally equivalent services;
D. Deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission's regulations concerning such emissions;
E. Prohibit any collocation or modification that the city may not deny under Federal or State law;
F. Impose any unfair, unreasonable, discriminatory or arbitrary fees that exceed the reasonable cost to provide the services for which the fee is charged; or
G. Otherwise authorize the city to act in conflict with any applicable Federal or State law or regulation.
(Ord. 1208, passed 1-15-19)