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TO: Mayor Richard C. Irvin
FROM: Alex Voigt, Asst. Chief of Staff
DATE: December 6, 2017
SUBJECT:
A resolution regarding Senate Bill 1451.
BACKGROUND:
Senate Bill (SB) 1451, the "Small Cell Wireless Bill" is legislation that strips away local control in order to deploy small cell antennas with minimal regulation under the guise of providing 5G internet speed. The legislation does not allow communities to prohibit, regulate or charge for the installation, mounting, maintaining, modifying, operating or replacement of small wireless facilities on or adjacent to wireless support structures or utility poles.
The City of Aurora has been actively opposed to the legislation since May of 2017 and succeeded in defeating the bill earlier this year before it was resurrected.
DISCUSSION:
Following months of work by the city's lobbyist to stop and/or modify the bill, the City of Aurora partnered with DuPage Mayor's and Managers (DMMC), MetroWest Council of Governments, Kane County, DuPage County and Kendall County to hold a press conference against the bill (information is attached). The primary concern expressed was the total lack of local control, even for home rule communities. The bill continued to move forward and was passed by both the House and the Senate, then placed on a procedural hold by Senator Cullerton.
In an effort to continue to voice opposition to SB 1451, DMMC drafted a resolution requesting Governor Rauner veto the bill when it reaches his desk.
IMPACT STATEMENT:
Passage of this resolution will allow Aurora to remain on the record as opposed to this legislation.
RECOMMENDATIONS:
I respectfully request passage of this resolution.
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution Urging Governor Rauner to Veto Senate Bill 1451.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the City of Aurora supports the goal of ensuring reliable wireless services in our community as well as the continued advancement of technology in the telecommunications industry; and
WHEREAS, Senate Bill (“SB”) 1451 establishes the Small Wireless Facilities Deployment Act that strips local control, removing municipalities authority to regulate, site, or charge permit fees for wireless facilities; and
WHEREAS, SB 1451 creates an automatic approval timeline, which is one-sided and detrimental to the public, presuming that municipalities are negligent-and providers not-when a permit is incomplete or inadequate; and
WHEREAS, SB 1451 permits a private business entity to use public right-of-way at a rate far below market value, distorting the private market for small wireless facilities; and
WHEREAS, state legislators amended SB 1451 to exempt the City of Chicago in an effort to pass the legislation; and
WHEREAS, many municipalities have already enacted ordinances, or are in the process of updating their codes to address small wireless facilities, or are developing right-of-way use agreements with the industry, indicating that municipalities are making a significant effort to develop reasonable standards for the deployment of wireless facilities; and
WHEREAS, Illinois municipalities are diverse and each one must be given the opportunity to develop reasonable regulations that will protect their specific needs,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: the City of Aurora opposes SB 1451 as passed by the Illinois General Assembly and urges the Governor to veto the legislation.
BE IT FURTHER RESOLVED that the City of Aurora is committed to developing reasonable regulations for the deployment of wireless technology and is eager to work with stakeholders to develop regulations that ensure reliable wireless services while also preserving the rights of the municipality, property owners and residents.