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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 �QVk of OAM p9 Village Clerk a j� G � 9C�00UNT'1 \��\ 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