HomeMy WebLinkAboutRES NO. 18-03-467 - 03/05/2018 - Sen Bill 426, Broadband Infrastructure Leads Act1
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STATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. 18-03-467
RESOLUTION OF THE MILTON CITY COUNCIL REGARDING SENATE BILL 426,
THE BROADBAND INFRASTRUCTURE LEADS TO DEVELOPMENT ACT
WHEREAS, there is currently pending before the General Assembly, Senate Bill 426, the
Broadband Infrastructure Leads to Development Act;
WHEREAS, this proposed legislation will allow the installation of utility poles and small
wireless facilities within City -owned right of way as a matter of right;
WHEREAS, this proposed legislation preempts the ability of local governments to adopt
ordinances in derogation of this legislation or to fashion different legislation to address this subject
matter at the local level;
WHEREAS, this legislation exempts power utility companies from the collocation
requirements;
WHEREAS, the Georgia Department of Transportation is exempted from this legislation;
WHEREAS, the legislation sets very exacting and tight application review, processing,
and permit issuance standards on local governments;
WHEREAS, the legislation allows local governments to charge only $20 per pole, per
year, for the placement of infrastructure poles from for-profit wireless providers in taxpayer funded
right of way;
WHEREAS, this legislation allows utility poles in the right of way to be as high as 50 feet
from grade or 10 feet taller than any existing pole that is within 500 feet;
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WHEREAS, this legislation will result in an explosion of aesthetically objectionable
utility poles in Milton -owned right of way;
WHEREAS, this legislation — while touted as a Statewide solution to efficiently rolling
out broadband infrastructure — will not accomplish that objective by exempting GDOT and the
power companies from its requirements; and,
WHEREAS, this legislation is too industry friendly at the expense of the citizens and
taxpayers that will be adversely affected by the significant increase in congestion, clutter, and
aesthetically distasteful poles that will inevitably be installed in City right of way.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY
OF MILTON THAT,
1. The City Council does hereby voice its formal objection to this legislation;
2. This legislation does not strike an appropriate balance between the need for deployment of
wireless broadband infrastructure and the need for local governments to manage its own
right of way;
3. That this legislation unduly benefits the private for-profit wireless industry at the expense
of the rural viewsheds and aesthetic and public safety considerations of the citizens of the
City of Milton;
4. By exempting the power utility companies from participation in this legislation, it has
guaranteed an explosion of new poles in local government right of way — while the largest
owner of utility poles on or near the right of way are unencumbered, thereby undermining
the stated purpose of this legislation;
5. That this legislation needs to be restructured from the ground up with greater deference
given to local governments; and,
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6. That a copy of this Resolution be provided to the City of Milton local delegation as
promptly as possible.
BE IT SO RESOLVED, this 5`h day of March 2018, by the Council of the City of
Milton, Georgia.
Attest:
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Sudie AM Gordon, Ci Clerk
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Approved:
Mayor
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