R-1891 - 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.
RG
THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
RESOLUTION
NUMBER 2020-IT-GL-R-1891
A RESOLUTION 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
GOPAL G. LALMALANI, Village President
CHARLOTTE K. PRUSS, Village Clerk
JOHN BAAR
PHILIP CUEVAS
MICHAEL MANZO
MOIN SAWED
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-R-1891
A RESOLUTION 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
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 negative impacts on the health,welfare and safety of Village residents, property owners,
businesses and the public;and
WHEREAS,Public Act 100-585,known as the Illinois Small Wireless Facilities Deployment Act(50
ILCS 840/1 et seq.)(the"Act"),acts to impose certain limitations,restrictions and additional requirements
on municipalities, including the Village, regarding the permitting, construction, deployment, regulation,
operation,maintenance,repair and removal of certain defined small wireless facilities both within public
rights-of-way and in other locations within the jurisdiction of the Village;and
WHEREAS, the Act permits private business entities to take and use public property without
reasonable regulation or fair compensation,amounting to an illegal taking that is an unprecedented use of
public property with no basis in law;and
WHEREAS,the Act usurps traditional municipal zoning authority,mandating that installations in all
rights-of-way and in certain zoning districts be permitted uses,setting an unusual and troubling precedent
for future legislation relative to local government control;and
WHEREAS,the Act usurps traditional municipal proprietary control over its own infrastructure,
which also sets an unusual and troubling precedent for future legislation relative to local government control;
and
WHEREAS,allows wireless providers to locate equipment where it may potentially interfere with
critical municipal systems used by police,firefighting,water,and other critical local operations,and,without
enhanced local regulations,there will be a negative impact on the number of trees in parkway areas and
reductions in the tree canopy areas. Further,the Act's failure to mandate collocation of equipment on
existing utility poles and light poles in public rights of way will lead to an unanticipated proliferation of new
Resolution 2020-IT-GL-R-1891
A Resolution calling for an Amendment of the
Illinois Small Wireless Facility Deployment Act
Page 2 of 3
poles within public rights of way that will have an extremely detrimental impact on the aesthetics within
residential areas of the Village and may cause property values to decline;and
WHEREAS, the Act fails to provide municipalities with adequate recourse to address unsafe
installations or dangerous equipment;and
WHEREAS,the Act creates an automatic approval timeline,which is one-sided and detrimental to
the public,presuming that municipalities are negligent and providers not when a permit is incomplete or
inadequate;and
WHEREAS,the Act 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 Act 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
WHEREAS,Illinois municipalities are diverse and each one must be given a chance to develop
reasonable regulations that will protect their community's specific needs;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 oppose the Act and encourages the Illinois Legislature
and Governor to amend the Act to return control of the local right-of-ways to local municipalities or,in the
alternative,to repeal the Act;and
B. The President and Board of Trustees encourage the telecommunications industry to look to
alternative methods of deploying small wireless facilities in a manner that better protects the rights of local
governments in their own infrastructure and public property;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.
Resolution 2020-IT-GL-R-1891
A Resolution calling for an Amendment of the
Illinois Small Wireless Facility Deployment Act
Page 3 of 3
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 express its
opposition to the Act as approved,to urge its amendment or repeal,and 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.
APPROVED THIS 141h day of July,2020
Gopal G.Lalmalani
Village President
PASSED THIS 14th day of July,2020
Ayes: Trustees Baar,Cuevas,Manzo,Saiyed,Tiesenga,Yusuf
Nays: None
Absent: None
GE OF Uq� ATTEST:
Charlotte K.Pruss
® Village Clerk
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