HomeMy WebLinkAbout03 13 2017 Public Presented Paperwork150 South Fifth Street | Suite 1200 | Minneapolis, MN 55402
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March 13, 2017
SENT VIA E-MAIL
City Council
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
Re: City of Prior Lake Right of Way Management and Small Cell Technology Developments
Dear Council Members:
Our law firm has been retained by Verizon Wireless to represent it in its wireless network development in
Prior Lake. In the past, we have worked closely with Nick Zurbey, Public Works Technician, and Sarah
Schwarzhoff, City Attorney, to enable Verizon Wireless equipment to be located on several City-owned
properties, including the Tower Street water tower and the Cedarwood Street water tower. Our client,
Verizon Wireless, has been a responsible tenant of the City’s for more than 25 years.
Recently, we reviewed a copy of a report regarding the City’s current leases with all major wireless
communication carriers. This report also contains insights regarding the future of these tower leases as
well as the potential for the City to regulate small cell installations going forward. In an effort to assist
the City as it contemplates updating its zoning regulations and right of way ordinance, we would like to
highlight the following issues.
Small cell facilities work in conjunction with traditional cell sites to improve network
capacity. At one time, the wireless companies had to rely completely on traditional, “macro”
installations, which are larger installations, with anywhere from 6 to 15 larger antennas mounted on taller
towers, water towers, etc. These taller structures (usually from 75 to 350 feet tall) allow the macro site
to serve a large geographic area, much larger than the area served by a small cell. These macro
installations also require bulky, complex equipment that must be housed in an equipment shelter or in
weatherproof cabinets mounted on the ground near the base of the tower. Until recently, wireless service
was provided only using macro sites. Small cell technology was not available.
The advent of small cell technology (which works in conjunction with traditional, macro cell sites) means
that our client is now able to install small facilities at elevations above ground level, at heights which are
comparable to traditional light poles and other utility poles. While these small cells cannot replace macro
facilities, they can be used to greatly improve network capacity. The demand for network capacity is only
increasing as consumers utilize cellphones, smartphones, and tablets (or multiples of each!) for personal
and business communication.
Forward-thinking cities recognize the differences between small cell and macro installations, and regulate
them accordingly. These cities allow small cells in all zoning districts with streamlined regulatory approval
processes, in recognition that small cells involve minimal equipment and can blend easily into the existing
environment. In fact, the majority of Verizon Wireless’s small cell installations are on light and utility
poles. Of course, wireless devices only work when there are antennas in relatively close proximity to the
wireless caller. Therefore, in order for this technology to improve the functioning of devices used by
emergency responders when on the scene, or average citizens to check for storms or get directions, the
City should encourage the development of small cells.
City of Prior Lake Right of Way Management
and Small Cell Technology Developments
March 13, 2017
Page 2 of 2
City ordinances should make it easy to deploy new wireless technology for the benefit of City
residents and visitors. Cellphones have become so commonplace that it is crucial for cities like Prior
Lake to adopt ordinances that encourage well-developed networks, so that these devices will work
properly when they are needed most. Installing small cells within local public rights of way is a key piece
of this network development, and Verizon Wireless has successfully worked with cities across the state to
deploy these installations within the right of way. State law provides that cities may, but are not required
to, manage the use of local public rights of way by telecommunications rights of way users (like Verizon
Wireless) and to receive management costs for their efforts. See Minn. Stat. § 237.163, subd. 6 (2015).
We are happy to provide examples of ordinances that cities have enacted that fairly manage all uses of
local public rights of way. We are also happy to meet with City Staff to discuss how best to update the
City’s ordinances to address this important change in technology.
Conclusion. We plan to provide more detailed suggestions in the event City Staff propose amendments
to current City ordinances regarding these issues. Until that time, we are always available to answer
questions related to the development of the Verizon Wireless network. If any reader of this letter has
questions, please do not hesitate to contact me.
We look forward to working with you to improve Verizon Wireless service in Prior Lake.
Sincerely,
Jaymes D. Littlejohn
Attorney at Law
P: (612) 877-5274 F: (612) 877-5047
Jay.Littlejohn@lawmoss.com
JDL/KDP
cc: Michael Cogar (via e-mail)
Nia Mathis (via e-mail)