Broken Arrow City Council
Meeting of: 08-15-2017
To: Mayor and City Council
From: Office of the City Attorney
Title:
title
Consideration, discussion, and possible approval of and authorization to execute a Master Lease Agreement between New Cingular Wireless PCS, LLC d/b/a AT&T Mobility and the City of Broken Arrow, Oklahoma, regarding the placement of communication facilities on City properties and utility poles
End
Background:
On May 2, 2017, the City Council adopted Ordinance No. 3482 which amended the City's existing Telecommunication Tower Ordinance. Revisions to the Zoning Code, made with the assistance of outside counsel that specializes in telecommunications, modernized the provisions and categorized antennas separately from towers. Separation into different sections was recommended to alleviate any confusion regarding permitting and the approval process.
The remaining revisions related to small cell facilities. As the Council is aware, technology is advancing at a very rapid pace in the telecommunications field. The proposed revisions allowed for permitting and approval of small cell facilities within the City. They were the result of a model ordinance provided by AT&T, who approached the City regarding provision of 5G service to the citizens of Broken Arrow. Revisions were recommended by outside counsel to ensure compliance with state and federal laws and municipal best practices. Importantly, the ordinance was reviewed by Planning Staff and recommended for adoption.
The Master Lease Agreement with New Cingular Wireless ("AT&T") was the result of a joint effort between the attorneys for AT&T and the City's outside counsel to bring 5G service to the City of Broken Arrow. It allows AT&T to use City utility poles and other real property for placement of small cell facilities and related equipment. There are numerous provisions contained in the Lease which provide protection f...
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