Item Coversheet

NEW BUSINESS  19.

COMMITTEE MEMORANDUM

TO: Public Safety and Neighborhood Quality of Life Committee Members


FROM:
Alina T. Hudak, City Manager


DATE: December 7, 2022


SUBJECT:DISCUSSION REGARDING WRAPPING 5G POLES IN SOMETHING AESTHETICALLY PLEASING. 

HISTORY:

At its June 22, 2022 meeting, the City Commission approved a referral to the Public Safety and Quality of Life Committee to discuss wrapping 5G poles in something aesthetically pleasing.

ANALYSIS

Much of what the City can do in order to regulate, maintain or repair utility poles is preempted by the Federal Communications Commission (FCC) and State Statue, specifically, Florida Statue 337.401 which dictates what municipalities can do with regard to telecommunication in the right-of-way.

 

When the City receives permits for utility poles in the right-of-way, the applicant is required to go through a Design Review Board and/or Historic Preservation Board Review based on specific criteria the City has listed under its City Code. The Design Review Board and the Historic Preservation Board have the jurisdiction to review utility  pole designs, within each respective Board's limited authority, and whether they would impede pedestrian flow on the sidewalks.

 

The State Law as well as Federal law, however, hold jurisdiction over local governmental agencies regarding regulations and compliance over utility poles.  Similarly, the City is preempted  from asserting or exercising regulatory control over a provider of communications services regarding matters within the exclusive jurisdiction of the Florida Public Service Commission or the FCC.

 

Based on the statement above, the City would be preempted from altering the design of the utility poles to make them more aesthetically pleasing.  It is important to note however, that utility poles located throughout the City are designed to be inconspicuous and blend within the environment.

 

The City currently uses two types of poles, one with a cobra light attached and one without. The Cobra type is 35 feet high and the stealth type (without the cobra light) is 38 feet tall. ATTACHED.

CONCLUSION:
The City is preempted  from asserting or exercising regulatory control over the design of a utility pole, matters that fall within the exclusive jurisdiction of the Florida Public Service Commission or the Federal Communications Commission.

Applicable Area

Citywide
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
No No 
ATTACHMENTS:
DescriptionType
Integrated Stealth Pole w Antenna on Top (photos)Other
Integrated Stealth Pole w Antenna on TopOther
Integrated Stealth Pole w Street Light and Antenna on Top (photos)Other
Integrated Stealth Pole w Street Light and Antenna on TopOther
Referral to Public Safety and Quality of Life CommitteeOther