HomeMy WebLinkAbout06-02-2021_Open Session_Item 8_Fairweather, Judith_RedactedPINII,IS
ALPERN
jj 11 LLP
June 2, 2021
Delivery by email• publiccomments(41sbcity.org
Mayor and City Council
City of San Bernardino
290 North D Street, 3rI Floor
San Bernardino, CA 92401
Re: City of San Bernardino Draft Ordinance No. 1560
Dear Mayor and City Council Members:
This film represents New Cingular Wireless PCS, LLC ("AT&T') regarding the review of
the above ordinance. Please accept this letter as comments and suggested amendments to the
above draft ordinance and thank you for the opportunity to do so.
As you are aware, consumer demand for wireless broadband data is growing exponentially.
AT&T has witnessed a 580,000 percent increase in mobile data traffic since 2007. It will continue
to grow as mobile video streaming becomes even more prominent. This increase in data use
requires an increase in wireless network density; otherwise, service quality could be disrupted or
decline. So, to keep up with these surging demands, providers like AT&T must continually evolve
their network architectures to efficiently use spectrum, the lifeblood of wireless networks. AT&T
must develop both its macro and micro cell sites to provide the demanding coverage. And are
happy to work with Cities like yours to help develop ordinances that address both the City's
concerns along with the carriers' concerns.
Below are AT&T's comments:
1. Section 12.05.040 (a) (6)- Administration - clear timelines need to be setfotth regarding
application submission deadlines.
2. Section 12.05.040 (a) (8)- Administration. —Public Notice- Notice to the public is
overreaching as the permit is with the City and should not require public input or
comment. The FCC does not allow for notice. This would effectively add a third party to
the approval process and become extraordinarily burdensome for both the Applicant and
the City. Recommend deleting section.
3. Section 12.05.040 (b) (2)-Aomeal- Please change two (2) business days to five (5) business
days. A wireless carrier needs time to receive notice of a denial and then receive approval
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from the company to appeal, 2 days is too short of time for a carrier's process.
4. Section 12.05.060 (c ) (3)(8) -Content- Before and After 360 degree photo simulations
required for each installation is burdensome, erroneous and time consuming. The Federal
Communication Commission's ("FCC") Declarative Ruling and Order adopted on
September 26, 2018 ("Order") regarding the placement of small cells stops the undue and
time-consuming requirements that can be placed on a carrier by Cities. The City can be
provided photos of the installations used by AT&T or photo simulations taken in a public
right of way, not on private property and not 360 degrees only 3 views. Also, if the City
is requiring historic identification then it must have an accessible historical data base.
5. Section 12.05 060 (c) (8) — see number 1 above regarding notice.
6. Section 12.05.060 ( e)- Waivers- A time frame must be specified, this could add another
layer to the application process and thus delay approvals contrary to the FCC Order.
7. Section 12.05.080 -Conditions of Approval general comments- Six months to install and
30 days to install following construction start is too short. Tower orders typically take over
10 weeks. One month to complete is also too short because it is based upon fiber
availability and power company timefmmes. Finally, 48 hours to remove graffiti is also
too short of a period.
8. Section 12.05.080 a (9) Indemnity- Please change to include that Petmittee shall defend,
indemnify, and hold the City harmless except in the event of the City's negligence.
9. Section 12.05.080 a (23)- Legal Fees- Please change, Permittee shall reimburse the City
for legal fees when the City prevails on an action or if the parties otherwise agree.
10. Section 12.050100- Infrastructure Control by the City- The current fee schedule should be
available.
If the pandemic has taught us anything, among those lessons is that connectivity is critical.
This is across all sectors and in all communities — working from home, distance learning,
telemedicine, e-commerce and public safety. In fact, we're also seeing first responders consume
more than twice as much data as general consumers, reinforcing the need for and importance of a
robust wireless network.
Thank you for your consideration of these comments. We look forward to discussing our
concerns and suggested remedies.
Very truly yours
Ju ' A. Fairweather
cc: Brian D. Wylie, Esq.
Katelyn Voss