BHSL Memo: “Small Cell, DAS and Wi-Fi Facilities Siting in the Public Right of Way: Practical Considerations for Local Governments”

BHSL Wireless Facilities Siting Memorandum, 7/21/15 (PDF)

Excerpt:

“The recent proliferation of small cells, distributed antenna systems (DAS), and outdoor Wi-Fi facilities has brought with it a number of challenges, and some potential opportunities, for local governments.  In reviewing, negotiating, and approving the siting of wireless facilities within the public right of way (PROW), a local government must navigate the sometimes-competing interests of 1) obtaining fair compensation for use of the PROW, 2) obtaining fair compensation for attachments to city facilities (if any), 3) accommodating reasonable access and entry to the market for service providers that may be entitled to it under federal and state law, 4) facilitating (and encouraging) the efficient deployment of valuable wireless services for city residents and businesses, 5) recognizing and exploring opportunities for beneficial public-private partnerships, and 6) satisfying the local government’s obligations with regard to public safety and welfare.

This memorandum explores some of the main considerations for local governments faced with such issues.”

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