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TO: Mayor Irvin and the Aldermen
FROM: The Law Department
DATE: August 21, 2019
SUBJECT:
A resolution authorizing the execution of a Master License Agreement between the City and Verizon Wireless to facilitate the installation of small wireless facilities (small cell) on City structures within public rights of way.
PURPOSE:
To provide for an orderly and standardized method to issue "site specific" permits to Verizon Wireless (officially "Chicago SMSA Limited Partnership d/b/a Verizon Wireless") for the installation of small cell wireless equipment as required by the Small Wireless Facilities Deployment Act.
BACKGROUND:
In 2018, over the strong objection of Illinois counties and municipalities, the Illinois General Assembly passed, and former Governor Rauner approved the Small Wireless Facilities Deployment Act. The Act requires municipalities to make their utility poles and other support structures located in public rights-of-way available to telecommunication companies to install "small cell" wireless transmitters, which will be a key component in the rollout of "5G" wireless technology. The Act preempted most local governmental authority to regulate these small cell sites. Chapter 19, Article VI of the City Code represents the extent of the City's authority to regulate small cell deployment.
DISCUSSION:
The proposed Master License Agreement was developed by Klein, Thorpe & Jenkins, Ltd., which had extensive involvement in the negotiation of the Small Wireless Facilities Deployment Act and drafted major portions of Chapter 19 of the City Code. The agreement reflects the provisions of Chapter 19, Article VI as well as more recent rules with respect to small cell deployment promulgated by the Federal Communications Commission (FCC). It provides City staff with a defined process to follow when issuing "site-specific" permits to Verizon Wireless and will control the terms that all permits will be subject to.
The Council previously approved a similar a...
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