(A) The City Council finds that it is necessary to achieve a balance between the telecommunications needs of the City's citizens, and the orderly, safe, and aesthetic deployment of small wireless facilities by telecommunications companies. The deployment of small wireless facilities is expected to enable the provision of improved and enhanced wireless services to citizens and visitors in the City. The FCC has encouraged and required the adoption of policies supporting the deployment of small wireless facilities in its September 27, 2018 Declaratory Ruling and Third Report and Order, WT Docket Nos. 17-79 and 17-84. Also, Nebraska Legislative Bill 184 (2019) imposed new limits on the local regulation of small wireless facilities. Those actions encourage the placement of such small wireless facilities in public rights-of-way.
(B) The City is responsible for the safe and aesthetic maintenance of its public rights-of-way, for the benefit of the public and for the protection of public health, safety, and welfare. Public rights-of-way are a finite resource, and are subject to demands from competing interests. It is necessary to govern their use in a fair, safe, and orderly manner. This includes the proposed use of public rights-of-way for telecommunications purposes. The City is also responsible for the processing and review of proposed telecommunications uses for properties other than public rights-of-way, with the objective of protecting public health, safety, and welfare.
(C) It is therefore appropriate to adopt these rules and regulations for the processing and review of applications for proposed small wireless facilities, both on public rights-of-way and on other properties, and for the safe, responsible, and fair deployment of small wireless facilities on public rights-of-way and on other properties, and to comply with and adopt provisions stated in the said September 27, 2018 FCC Order and Nebraska Legislative Bill 184 (2019). (Ord. No. 1067, 6/1/21)