City of Coconut Creek - File #: RES 2020-168

• File #: RES 2020-168
• Name: FCC Order 20-75 Appeal
• Type: Resolution
• Status: Passed
• File created: 8/7/2020
• In control: City Commission
• On agenda: 8/27/2020
• Final action: 8/27/2020
• Title: A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY, ON BEHALF OF THE CITY, TO ENGAGE THE SERVICES OF OUTSIDE COUNSEL TO FILE AN APPEAL REGARDING THE FEDERAL COMMUNICATIONS COMMISSION'S NEW DECLARATORY RULING UNDER WT DOCKET NUMBER 19-250, ENTITLED "IMPLEMENTATION OF STATE AND LOCAL GOVERNMENTS' OBLIGATION TO APPROVE CERTAIN WIRELESS FACILITY MODIFICATION REQUESTS UNDER SECTION 6409(a) OF THE SPECTRUM ACT OF 2012," AND TO JOIN THE COALITION OF CITIES AND COUNTIES NATIONWIDE SEEKING RELIEF FROM THE OVERREACHING AND BURDENSOME RULING ADOPTED THEREBY, IN ORDER TO PRESERVE THE CITY'S RIGHTS AND REMEDIES THEREUNDER.
• Indexes: Appeal Process, FCC, Home Rule, Resolution, Telecommunications, Wireless Communication
• Related files: RES 2018-257, RES 2019-094, RES 2020-226

Date	Action By	Action	Result
8/27/2020	City Commission

AGENDA ITEM REPORT
TITLE:
title
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY, ON BEHALF OF THE CITY, TO ENGAGE THE SERVICES OF OUTSIDE COUNSEL TO FILE AN APPEAL REGARDING THE FEDERAL COMMUNICATIONS COMMISSION'S NEW DECLARATORY RULING UNDER WT DOCKET NUMBER 19-250, ENTITLED "IMPLEMENTATION OF STATE AND LOCAL GOVERNMENTS' OBLIGATION TO APPROVE CERTAIN WIRELESS FACILITY MODIFICATION REQUESTS UNDER SECTION 6409(a) OF THE SPECTRUM ACT OF 2012," AND TO JOIN THE COALITION OF CITIES AND COUNTIES NATIONWIDE SEEKING RELIEF FROM THE OVERREACHING AND BURDENSOME RULING ADOPTED THEREBY, IN ORDER TO PRESERVE THE CITY'S RIGHTS AND REMEDIES THEREUNDER.

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BACKGROUND:
On June 9, 2020, the Federal Communications Commission ("FCC") issued a new Declaratory Ruling under WT Docket No. 19-250; RM-11849, "In the Matter of Implementation of State and Local Governments' Obligation to Approve Certain Wireless Facility Modification Requests Under Section 6409(a) of the Spectrum Act of 2012." The new ruling significantly undercuts every local jurisdictions' authority over currently existing wireless infrastructure by setting a new standard for commencement of the 60-day review shot-clock, allowing an increase in facility height (beyond previously established thresholds), allowing an increase in the number of equipment cabinets under modifications deemed to be non-substantial, allowing such modifications to defeat concealment qualities, and offend previously established conditions under local governmental special land use approvals and the like.
DISCUSSION:
Many experts in the field are calling this ruling the latest affront by the FCC upon local government's home rule powers and local regulation of communications facilities. If the FCC's new ruling is not challenged through an appeal, the City will have very little, if any, oversight and authority to analyze modifications to approximately fifteen (15) currently existing wireless facility sites located within the City. Kenneth...