(A) The purpose of this chapter is to provide opportunities for the installation of small cell facilities in the public right-of-way and to clarify the regulation of certain other wireless facilities. It is specifically intended to:
(1) Provide for additional wireless personal communication services in the area;
(2) Conform to Sections 253(a) and 332(c)(7)(b) of the Telecommunications Act of 1996, which preempt any local or state controls that have the effect of prohibiting wireless service;
(3) Complement and supplement the town zoning ordinance, which has long provided a regulatory program for allowing the deployment of cell towers in the town;
(4) Facilitate the expansion of SG service through the installation of small cell facilities that are typically attached to existing structures and that occupy limited space;
(5) Conform to a declaratory ruling of the Federal Communications Commission numbered 18-133, in which the FCC has provided guidelines for local rules for small cell facilities (referred to by the FCC as "Small Wireless Facilities") that do not have the effect of prohibiting wireless service;
(6) Ensure that devices installed in the right-of-way do not interfere with the safe operation of vehicles in the right-of-way;
(7) Consistent with the adopted Comprehensive Plan for the town, preserve the views and scenic vistas of the Ohio River and the Louisville, Kentucky, skyline; and
(8) Implement concepts set forth in IC 8-1-32.3-7.5 to provide for micro wireless facilities.
(B) Authority.
(1) Under IC 36-9-2-5 through 36-9-2-7, the town has the authority to establish public ways and to grant rights-of-way and regulate the use of public ways.
(2) IC 8-1-32.3 provides a regulatory context for exercising such authority in dealing with wireless communication facilities and, in particular, with micro wireless facilities.
(Ord. 2019-G-23, passed 10-1-19)