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R-1683 - 12/12/2017 - GOVERNMENT LEGISLATION - Resolutions RESOLUTION 2017-GL-ST-TECH-R-1683 A RESOLUTION URGING THE GOVERNOR TO VETO SENATE BILL 1451 WHEREAS, the Village of Oak Brook ("Village") supports the goal of ensuring reliable wireless services in our communities and the advancement of technology in the telecommunications industry; and WHEREAS, Senate Bill ("SB") 1451 establishes the Small Wireless Facilities Deployment Act and severely limits municipal authority to regulate, site, or charge permit fees for wireless facilities; and WHEREAS, SB 1451 permits a private business entity to use public right-of-way at a rate far below market value, distorting the private market for small wireless facilities; and WHEREAS, SB 1451 permits wireless providers, and third parties who act as agents or contractors for wireless providers, to locate telecommunications equipment with an antenna as large as six (6) cubic feet in size, and associated equipment up to twenty-five (25) cubic feet in size, on existing or new utility poles subject to minimal zoning regulations by the municipality; and WHEREAS, SB 1451 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, state legislators amended SB 1451 to exempt the City of Chicago in an effort to pass the legislation; and WHEREAS, many municipalities have already enacted ordinances, or are in the process of updating their codes to address small wireless facilities, or are developing right-of-way use agreements with the industry, indicating that municipalities are making a significant effort to develop reasonable standards for the deployment of wireless facilities; and WHEREAS, Illinois municipalities are diverse and each one must be given the opportunity to develop reasonable regulations that will protect their specific needs; NOW,THEREFORE, BE IT RESOLVED that the Village opposes SB 1451 as passed by the Illinois General Assembly and urges the Governor to veto the legislation. BE IT FURTHER RESOLVED that the Village is committed to developing reasonable regulations for the deployment of wireless technology and is eager to work with stakeholders to develop regulations that ensure reliable wireless services while also preserving the rights of the municipality, property owners, and citizens. [SIGNATURE PAGE FOLLOWS] Resolution 2017-GL-ST-TECH-R-1683 Urging Veto of SB 1451 Page 2 of 2 APPROVED THIS 12th day of December, 2017 Gopal G. Lalmalani Village President PASSED THIS 121h day of December, 2017 Ayes: Trustees Baar, Cuevas, Manzo, Saived, Tiesenga, Yusuf Nays: None Absent: None ATTEST: 4. Charlotte K. Pruss Village Clerk