03-28 Resolution No. 11343 RESOLUTION NO. 11343
RESOLUTION OPPOSING THE PROPOSED LEGISLATION HF739/SF561
REGARDING UNREGULATED ACCESS TO PUBLIC RIGHT-OF-WAY FOR
INSTALLATION OF SMALL CELL WIRELESSS EQUIPMENT AND DISTRIBUTED
ANTENNA SYSTEMS
WHEREAS, the City of Richfield has city code contained in Section 802 detailing
the City's processes and regulation of the public right-of-way;
WHEREAS, legislation was proposed in the Minnesota Legislature, HF739/SF561,
that would allow wireless companies to install small cell facility networks in public rights-of-
way, subject to local right-of-way management and regulation that materially differs from
the management of all other right-of-way users and significantly limits local authority to
regulate facility placement issues within the public right-of-way;
WHEREAS, granting such access to the public right-of-way by wireless companies
is unnecessary, competitively unfair and discriminatory, and may result in new wireless
installations in public rights-of-way that harm public safety and other public interests;
WHEREAS, the City of Richfield currently receives some form of compensation for
installations or attachments on City-owned poles, facilities, or other assets in the public
right-of-way and the public's right to compensation for use of its assets may be eliminated
with the passing of the proposed legislation; and
WHEREAS, the legislation would supersede existing right-of-way and zoning
ordinances, and comprehensive plans applicable to new wireless installations in public
rights-of-way that the City of Richfield has enacted and planned over the years.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota, that the City of Richfield does hereby oppose legislation HF739/SF561
regarding access to public rights-of-way for installation of small cell wireless equipment
and distributed antenna systems.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of
March, 2017.
Pat Elliott, Mayor
AT ST:
Elizabet anHoose, City Clerk