R-1892 - 07/14/2020 - LEGISLATION - Resolutions ITEM 6.C.6 & 6.C.7
BOARD OF TRUSTEES MEETING
UPPER LEVEL CONFERENCE ROOM
VILLAGE OF BUTLER GOVERNMENT CENTER 1200
OAK B R� , K OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
July 14, 2020
SUBJECT: Consideration of a Resolution to amend or repeal the Small Wireless Facility
Deployment Act to return control of local right-of-ways to municipalities,
and a Resolution to support Federal Bills for the same purpose.
FROM: Riccardo F. Ginex, Village Manger
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move that the Village Board approve Resolution 2020-IT-
GL-R-1891 calling for an Amendment of the Illinois Small Wireless Facility Deployment Act to
Return Control of Local Right-of Ways to Local Municipalities or, in the Alternative, Repeal of
the Act; and approve Resolution 2020-IT-GL-5G-R-1892 Supporting Federal Bills H.R. 530 and
S. 2012 to Restore Local Control in 5G/Broadband Deployment.
Background/History:
Public Act 100-585 known as the Illinois Small Wireless Facilities Deployment Act(50 ILCL 840/1
et seq.)and the Federal Communications Commission on September 26,2018 adopted a Declaratory
Ruling and Third Report and Order in the matter of Accelerating Wireless Broadband Deployment
by Removing Barriers to Investment ("the FCC Declaratory Ruling"). Both the Illinois Small
Wireless Facility Deployment Act as well as the FCC Declaratory Ruling severely limit municipal
authority to regulate small wireless antennas located on the municipal rights-of-way.
Recommendation:
Staff recommends the Village Board approve Resolution 2020-IT-GL-R-1891 calling for an
Amendment of the Illinois Small Wireless Facility Deployment Act to Return Control of Local
Right-of Ways to Local Municipalities or, in the Alternative, Repeal of the Act; and approve
Resolution 2020-IT-GL-5G-R-1892 Supporting Federal Bills H.R. 530 and S. 2012 to Restore
Local Control in 5G/Broadband Deployment.
1?G
THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
RESOLUTION
NUMBER 2020-IT-GL-5G-R-1892
A RESOLUTION SUPPORTING FEDERAL BILLS
H.R. 530 AND S. 2012 TO RESTORE LOCAL
CONTROL IN 5G/BROADBAND DEPLOYMENT
GOPAL G. LALMALANI, Village President
CHARLOTTE K. PRUSS, Village Clerk
JOHN BAAR
PHILIP CUEVAS
MICHAEL MANZO
MOIN SAIYED
EDWARD TIESENGA
ASIF YUSUF
Village Board
Published in pamphlet form by authority of the
President and the Board of Trustees of the Village of Oak Brook
on this the 14th day of July, 2020
RESOLUTION 2020-IT-GL-5G-R-1892
A RESOLUTION SUPPORTING FEDERAL BILLS H.R.530 AND S.2012 TO RESTORE LOCAL
CONTROL IN 5G/BROADBAND DEPLOYMENT
WHEREAS,the Village of Oak Brook(the"Village"),an Illinois non-home rule municipality,supports
the goal of ensuring reliable cellular coverage throughout our community, and supports technological
enhancements,such as"smart"technology and 5G wireless communications,as long as the local impacts
of such technology are not detrimental to the aesthetics of the Village or undermine the Village's use of its
rights of way or impact the number of trees in parkway areas or reduce the tree canopy areas or present
the potential for negative impacts on the health,welfare and safety of Village residents,property owners,
businesses and the public;and
WHEREAS, the Federal Communications Commission, on September 26, 2018, adopted a
Declaratory Ruling and Third Report and Order in the matter of Accelerating Wireless Broadband
Deployment by Removing Barriers to Infrastructure Investment and Accelerating Wireline Broadband
Deployment by Removing Barriers to Infrastructure Investment("the FCC Declaratory Ruling");and
WHEREAS,the FCC Declaratory Ruling favors wireless providers by specifically limiting the ability
of local governments to negotiate or regulate in the public interest in key areas regarding small wireless
facility deployment.Such limitations include,but are not limited to,the imposition of shot clocks,restrictions
on fees,and the imposition on limitations on local governments to act in a proprietary capacity in controlling
their own infrastructure;and
WHEREAS, the FCC Declaratory Ruling provides unfettered and unsupervised access to
commercial entities that have only their own profitability as their guide,going against a critical public interest
to assure that wireless facilities are installed and maintained in a way that safeguards the public's
connection to the wireless world in an era of heightened awareness of cyber security risks;and
WHEREAS,it is the responsibility of local authorities to protect the public health,safety,and welfare
of its citizens,and the FCC Declaratory Ruling undermines this responsibility;and
WHEREAS, it is vital that local authorities be able to hold for-profit,commercial entities to an
appropriate standard of responsibility for their use of a public asset and infrastructure;and
WHEREAS, on January 14, 2019, Representative Anna Eshoo (D-CA) introduced H.R. 530,
Accelerating Broadband Development by Empowering Local Communities Act of 2019,which would nullify
the FCC Declaratory Ruling and therefore help restore local control in 5G/broadband deployment;and
Resolution202O-IT-G L-5G-R-1892
A Resolution Supporting Federal Bilis H.R.530 and S.2012
to Restore Local Control in 5G Broadband Deployment
Page 2 of 3
WHEREAS,on June 27,2019,Senator Dianne Feinstein(D-CA),introduced a companion bill to
H.R.530 in the Senate,S.2012,Restoring Local Control Over Public Infrastructure Act of 2019,which
would similarly nullify the FCC Declaratory Ruling and therefore help restore local control in 5G/broadband
deployment;and
WHEREAS,the President and Board of Trustees of the Village of Oak Brook make the following
findings and statements:
A. The President and Board of Trustees support H.R. 530, Accelerating Broadband
Development by Empowering Local Communities Act of 2019,and S.2012,Restoring Local Control Over
Public Infrastructure Act of 2019,which would nullify the FCC Declaratory Ruling and therefore help restore
local control in 5G/broadband deployment;and
B. The President and Board of Trustees encourage its residents,property owners,businesses
and the public and state and federal representatives to support this proposed legislation and other similar
efforts to return control of local right-of-ways to municipalities;and
C. The President and Board of Trustees are committed to developing reasonable regulations
for the deployment of wireless technology and is eager to work with all interested parties and stakeholders
to develop regulations that ensure reliable cellular coverage while preventing the unfettered taking and use
of public property by private business concerns.
NOW THEREFORE,BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK,DU PAGE AND COOK COUNTIES,ILLINOIS as follows:
Section 1:Recitals. The foregoing recitals are hereby incorporated into,and made a part of,this
Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2:The President and Board of Trustees of the Village of Oak Brook find that it is in the best
interests of the Village and its residents,property owners,businesses and the public to support H.R.530,
Accelerating Broadband Development by Empowering Local Communities Act of 2019, and S. 2012,
Restoring Local Control Over Public Infrastructure Act of 2019,and to continue to work with all interested
parties and stakeholders to develop regulations that ensure reliable cellular coverage while preventing the
unfettered taking and use of public property by private business concerns.
Section3:This Resolution shall be in full force and effect from and after its passage and approval.
Resolution2020-IT-GL-5G-R-1892
A Resolution Supporting Federal Bills H.R.530 and S.2012
to Restore Local Control in 5G Broadband Deployment
Page 3 of 3
APPROVED THIS 1411 day of July,2020
Gopal G.Lalm lani
Village President
PASSED THIS 141"day of July,2020
Ayes: Trustees Baar, Cuevas,Manzo,Saiyed,Tiesenga,Yusuf
Nays: None
Absent: None
ATTEST:
Charlotte K.Pruss
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Resolution202O-IT-G L-5G-R-1892
A Resolution Supporting Federal Bills H.R.530 and S.2012
to Restore Local Control in 5G Broadband Deployment
Page 4 of 3
EXHIBIT A
AUTHENTICATED
U.S.GOVERNMENT
INFORMATION
GPO
I
116TH CONGRESS He
� 530
1ST SESSION
To provide that certain actions by the Federal Communications Commission
shall have no force or effect.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 14, 2019
Ms. EsHoo (for herself and Ms. SPEIER) introduced the following bill; which
was referred to the Committee on Energy and Commerce
A BILL
To provide that certain actions by the Federal
Communications Commission shall have no force or effect.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "Accelerating
5 Broadband Development by Empowering Local Commu-
6 nities Act of 2019".
7 SEC. 2. PRESERVATION OF RIGHTS OF STATE AND LOCAL
8 GOVERNMENTS.
9 Actions by the Federal Communications Commission
10 in "Accelerating Wireless and Wireline Broadband De-
2
1 ployment by Removing Barriers to Infrastructure Invest-
2 ment" (83 Fed. Reg. 51867) and the Federal Communica-
3 tions Commission's Declaratory Ruling in "Third Report
4 and Order and Declaratory Ruling" (FCC 18-111) shall
5 have no force or effect.
O
•mt sso m
AUTHENTICATERNMENT
D
V.S.GOVE
INFORMATION
GPO
II
116TH CONGRESS S* 2012
18T SESSION
To provide that certain regulatory actions by the Federal Communications
Commission shall have no force or effect.
IN THE SENATE OF THE UNITED STATES
JUNE 27, 2019
Mrs. FEINSTEIN (for herself, Mr. SCHUMER, Ms. HARRIS, Mr. BENNET, Mr.
WYDEN, Mr. CARDIN, and Mr. BLUMENTHAL) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
A BILL
To provide that certain regulatory actions by the Federal
Communications Commission shall have no force or effect.
1 Be it enacted by the Senate and House of Representa-
2 tines of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "Restoring Local Con-
5 trol Over Public Infrastructure Act of 2019".
6 SEC. 2. DEFINITION.
7 In this Act, the term "Commission" means the Fed-
8 eral Communications Commission.
I SEC. 3. PRESERVATION OF RIGHTS OF STATE AND LOCAL
2 GOVERNMENTS.
3 The following regulatory actions of the Commission
4 shall have no force or effect:
5 (1) The Declaratory Ruling in the "Third Re-
6 port and Order and Declaratory Ruling in the mat-
7 ter of Accelerating Wireline Broadband Deployment
8 by Removing Barriers to Infrastructure Investment
9 and Accelerating Wireless Broadband Deployment
10 by Removing Barriers to Infrastructure Investment"
11 adopted by the Commission on August 2, 2018
12 (FCC 18-111).
13 (2) The "Declaratory Ruling and Third Report
14 and Order in the matter of Accelerating Wireless
15 Broadband Deployment by Removing Barriers to In-
16 frastructure Investment and Accelerating Wireline
17 Broadband Deployment by Removing Barriers to In-
18 frastructure Investment" adopted by the Commis-
19 sion on September 26, 2018 (FCC 18-133).
20 (3) The rule adopted by the Commission enti-
21 tled "Accelerating Wireless and Wireline Broadband
22 Deployment by Removing Barriers to Infrastructure
23 Investment" (83 Fed. Reg. 51867 (October 15,
24 2018)).
0
•S 2012 IS