While many proposals failed to become law during the 2017 legislative session, the Advanced Wireless Infrastructure Deployment Act did.
With the goal of improving cellular phone and wireless data service without the addition of new, huge cell tower structures, or in places that cannot host a large tower, the act created a uniform procedure for providers to place small wireless transmitters on utility poles or wireless support structures within city or county public rights-of-way.
The bill spells out that a local government may not prohibit, regulate or charge for the “colocation,” as it is called.
Last week, Brevard County commissioners approved its end of the wireless act for unincorporated parts of the county, but they were not happy about doing it.
Andrew Holmes, the county interim public works director, said the act will inject significant cost to the permitting activity.
“It’s another unfunded mandate,” Commissioner Jim Barfield said.
The act includes stringent permitting requirements on local governments, including accelerated timeframes, prohibition of permitting fees for charter counties already charging the local communications services tax at a rate of 0.12 percent – which includes Brevard – and allowing applicants to combine up to 30 small wireless facilities into one application. However, colocation does not include installation of a new utility pole or other wireless support structure.
But installation costs for the collocation will be borne by the providers. And the county ordinance will require the antenna and equipment to match the color of the pole and be flush mounted unless it’s demonstrated that flush mounting will interfere with transmission.
The wireless legislation speaks to the expansion of cellular communications. “Connectivity demands have driven exponential growth in the wireless communications industry and are anticipated to grow at an accelerated rate as new technology becomes available and demand for data increases,” the ordinance said.
The ordinance goes on to say that proper management is necessary to “reasonably balance the potential inconvenience to and negative effects from such facilities’ placement and maintenance in the public rights-of-way against the benefits.”
Some county officials don’t like this change being thrust upon them, but the law is the law. “We have to follow it anyway,” said Scott Knox, the county attorney.
Melbourne Beach has not yet addressed the wireless issue within their town limits. “We do not own any towers or poles in this community,” said Town Manager, Tim Day.
Indialantic Manager Chris Chinault said the attorney is reviewing the act now.