8906-16 Oppose efforts to prevent municipalities from regulating cell towers

Home Browse Search

RESOLUTIONNO. 8906 -16 By. Anderson, Bullock, Litten, Marx, Nowlin, O'Leary, O'Malley. A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, opposing any efforts in the Ohio General Assembly seeking to take from municipalities their ability to regulate the public right of way with respect to pole attachments of "small cell" wireless antennas. WHEREAS, municipalities statewide have learned that an effort is underway within the Ohio General Assembly to adopt a legislative proposal, advanced by one or more major telecommunications firms, that would eliminate local control for Ohio mu- nicipalities with respect to their rates, zoning and maintenance efforts regarding pole at- tachments of "small cell" wireless antennas and accessory equipment within the public right of way; and WHEREAS, the proposal is extremely broad, giving wireless internet companies and speculators unrestricted access to not just municipal electric infrastructure, but also all municipal structures capable of supporting wireless antennas, including street lights, stop signs, water towers, public right -of -way, police and fire facilities, substations and any other public facilities; and WHEREAS, this effort raises serious security concerns and could also lead to multiple companies placing numerous poles within the right -of -way; and WHEREAS, adoption of this legislation would set a terrible precedent for local control, taking out of the hands of the City and other municipalities any decisions about the safety and aesthetics of municipal infrastructure and placing them into the hands of corporations with no local interest other than financial; and WHEREAS, under the Ohio Constitution, municipalities are given the authority to adopt charters and exercise all powers of local self - government and all police powers not in conflict with state law, including the reasonable regulation of the public right of way; and WHEREAS, the proposal would also subject municipalities to PUCO jurisdiction — a clear violation of the principles of home rule established in the Ohio Constitution — and would require municipalities to appear in Columbus before the PUCO in costly, time - consuming and would uneven battles between municipal law directors and a fleet of utili- ty regulatory attorneys; and WHEREAS, the City and many cities and villages do not have the necessary re- sources to negotiate, comply or challenge agreements through the costly PUCO process; and