Bob Duchen – Vice President NORTH DAKOTA LEAGUE OF CITIES ZONING ORDINANCES AND TELECOM PROVIDERS CAN WE ALL GET ALONG? River Oaks Communications Corporation Bob Duchen – Vice President September 15, 2018 Copyright © 2018 by River Oaks Communications Corporation. All rights reserved. Larimer County

River Oaks Communications Corporation What Are Small Cells? They are bigger than you think – for example, 28 cubic feet. They often involve poles, antennas, transmission equipment, power and fiber optic cables. They do not always include stealth features. River Oaks Communications Corporation

River Oaks Communications Corporation

Why pay attention to this potential situation? The Industry has moved from constructing cell towers to small cells that add capacity to their networks with backhaul. Public Rights-of-Way are prime candidates because they cover vast areas within cities Coverage is limited from 300 to 900 feet The equipment can be unsightly or camouflaged using stealth technology River Oaks Communications Corporation

Why you should pay attention to small cells? Providers typically do not share small cell equipment- this means that you will have multiple providers on a single pole or requests for new or replacement poles The equipment needs to meet all safety requirements You will be facing multiple site requests in a single application- this is called “Batching” River Oaks Communications Corporation

River Oaks Communications Corporation

River Oaks Communications Corporation

River Oaks Communications Corporation

River Oaks Communications Corporation

Bio on River Oaks Communications Corporation Colorado Based 30 Years of Experience 38 States including North Dakota Hundreds of Local Governments Bob Duchen- VP, Co-founder, University of Virginia School of Law Author and Webinar Presenter Expert Testimony River Oaks Communications Corporation

Overview of Federal Law Cable Acts of 1984 and 1992 Telecom Act of 1996 Middle Class Tax Relief and Job Creation Act of 2012 FCC Wireless Order- October 2014 Beware of Federal or State preemption FCC’ s upcoming Ruling and Order New Congressional Legislation Introduced River Oaks Communications Corporation

River Oaks Communications Corporation STREAMLINE ACT Co-sponsored by Senator Thune of South Dakota Intended to accelerate broadband deployment Shortens timeframes for Local Government actions and decisions Caps compensation payable to Local Governments by the providers River Oaks Communications Corporation

BROADBAND DEPLOYMENT ADVISORY COMMITTEE Appointed by the FCC Acronym is BDAC Heavily weighted with industry representatives Developed a model State Ordinance and model Local Ordinance Unfavorable for Local Governments River Oaks Communications Corporation

River Oaks Communications Corporation The Latest from the FCC Fees for use of municipal structures within the rights of way—that are greater than a reasonable approximation of the local government’s costs for processing applications and for managing deployments in the rights-of-way are effective prohibitions under Federal law                                                                                                                                                                                                   Concerns of Local Governments Include: Aesthetics Compensation for Government Sites Health – RF Emissions – (Federal Regulations) Impact on Real Estate Values River Oaks Communications Corporation Larimer County

River Oaks Communications Corporation Safe Harbors $500 application fee (for 5 small wireless facilities plus $100 for each additional small wireless facility) $270 /year for each site- limit on ROW access fee and attachment fee And if you want more: Show the reasonable approximation of costs, the cost is reasonable and non-discriminatory (the burden is on your City) River Oaks Communications Corporation

River Oaks Communications Corporation Small Cells Nationwide deployment occurring- Projection of 800,000 small cells in next decade Explosive Growth and Capacity Issues; This Differs From Coverage Issues Aesthetics- new requirements coming – not preempted if reasonable, no more burdensome as compared with other infrastructure deployments and published in advance Current Zoning Ordinances- Outdated, Inadequate and Putting Cities At Risk River Oaks Communications Corporation Larimer County

FCC Order and Prior Rulings The Latest Timeframes: 60 Day Shot Clock for Section 6409(a) Eligible Facilities Requests Non-small wireless facilities: 90-Day Shot Clock for Section 332c(7) - Other Collocation Applications 150-Day Shot Clock for Other Requests (New Tower Site) What’s next- 60 days for small cells placed on existing structures/ 90 days for new builds and presumptive prohibitions State Law Can Still Come into Play River Oaks Communications Corporation Larimer County

River Oaks Communications Corporation What is a Tower? A tower could be everything from a flagpole to a monopine to a traditional tower. The key is that its primary purpose must be to support antennas and related facilities. • A tower is “Any structure built for the sole or primary purpose of supporting any Commission-licensed or authorized antennas and their associated facilities.” River Oaks Communications Corporation Larimer County

River Oaks Communications Corporation What is a Base Station? Generally, this is the equipment that you will find at the base of the tower. The FCC has defined Base Station as “A structure or equipment at a fixed location that enables Commission-licensed or authorized wireless communications between user equipment and a communications network.” Translation: The transmission equipment and any non-tower structure that supports transmission equipment per a permit or other authorization that enables wireless use. River Oaks Communications Corporation Larimer County

Who has the Risk/Liability? What if a vehicle hits a base station? What is in the base stations- do they contain batteries or cooling fans? Can towers collapse? Will the poles be structurally engineered to handle the weight of new small cell facilities? River Oaks Communications Corporation Larimer County

River Oaks Communications Corporation

Where will you see Small Cells? In metropolitan areas because they are needed to handle high volumes of data traffic Not as likely in rural North Dakota. Fiber is needed to make rural Broadband accessible and affordable 5G Technology has a ways to go River Oaks Communications Corporation Larimer County

Realities of the Situation Small communities do not have sufficient staff with the expertise or time to handle site applications- Shot clock pressures Multiple small cells on 1 pole- Very unattractive Cities will need to hire outside RF and legal experts- at whose expense? River Oaks Communications Corporation Larimer County

River Oaks Communications Corporation Moratorium Generally disallowed by a recent FCC Order This covers actual and de facto moratoria Providers will strongly protest. Could lead to Litigation. River Oaks Communications Corporation Larimer County

Service Providers and Infrastructure Providers Verizon Wireless, AT&T Wireless and T-Mobile Extenet and Crown Castle Mobilitie Site Acquisition Companies New Players in the Marketplace River Oaks Communications Corporation

Cody, Wyoming- How They Handled It Reviewed existing Wireless Communication Facilities Regulations Approached by Mobilitie Updated their WCF Regulations to Provide For DAS and Small Cells, Collocation, Tower Siting Preferences and Processes for use of Municipal Rights-of-Way Third-Party Technical Reviews River Oaks Communications Corporation

Some Examples from Other States Spokane, Washington Coeur d’Alene, Idaho Sheridan, Gillette and Casper, Wyoming Las Cruces, New Mexico League of Nebraska Municipalities, Michigan Municipal League and South Dakota Municipal League River Oaks Communications Corporation

Illustrative Pictures River Oaks Communications Corporation

Illustrative Pictures River Oaks Communications Corporation

Illustrative Pictures of WCFs River Oaks Communications Corporation

Illustrative Pictures of WCFs River Oaks Communications Corporation

Illustrative Pictures of WCFs River Oaks Communications Corporation

Illustrative Pictures of WCFs River Oaks Communications Corporation

Illustrative Pictures of WCFs River Oaks Communications Corporation

Illustrative Pictures of WCFs River Oaks Communications Corporation

Revenue Opportunities for Local Governments Water Tanks, Towers, Buildings and Fiber (Vertical and Horizontal Assets) Small cells in Rights-of-Way- capped by state legislation generally ranging from $50-$250/year per site Individual Agreements range from $150-$1900/year or more per site Large Antennas on Water Tanks- $750-$2500/month or more- not in ROW River Oaks Communications Corporation

River Oaks Communications Corporation Some Extreme Examples Howard County, MD- nonrecurring fees of $10,000 upon execution of an agreement and $1,800 per permit and annual recurring fees of $25,000 for ROW rights and $1,000 per node. Montgomery County, MD- 5% of gross revenues or such other amount set by County law. River Oaks Communications Corporation

River Oaks Communications Corporation Some Extreme Examples Baltimore City, MD- annual recurring fees of up to $5,000 per pole. Oakland, CA- $2,300 per node. Lowell, MA- nonrecurring fee of $20,000 and an annual recurring fee of $6,000. Industry thinks cities are trying to help balance their budgets by overcharging the providers River Oaks Communications Corporation

How do Cities Protect Themselves? Review Current Ordinances Draft and Develop new Zoning Ordinances for Wireless Communication Facilities Stay in Touch with NDLC for New Developments at the State and Federal Level Communicate with One Another- You have Similar Challenges and Opportunities River Oaks Communications Corporation

River Oaks Communications Corporation THANKS For Hanging in there for our Presentation. If you have specific factual questions later on, please call us or send us an Email. bduchen@rivoaks.com 303-721-0653 River Oaks Communications Corporation Larimer County