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Peoria staff to rewrite broadband rules after FCC reclassification; council asked whether to allow small cells on city property
Summary
City staff updated council on work to align Peoria licensing for fiber optic broadband and ‘dark fiber’ with federal rules and presented options to change a 2017 policy that prohibits leasing city property for small‑cell wireless sites.
Peoria officials briefed the city council on Dec. 17 on the status of new licensing and code changes to regulate fiber optic broadband after an FCC ruling this year reclassified broadband fiber as telecommunications, and staff asked whether council wants to revisit a 2017 policy that bars leasing city property for wireless small‑cell sites.
The update explained why documents staff prepared in May needed rewriting and outlined next steps: staff will return with two ordinances to amend chapters 23 and 27 of the city code and with updated telecommunications and dark‑fiber agreements in March and February 2025, respectively.
The change matters because the Federal Communications Commission’s July decision that treats broadband fiber as “telecommunications” limits what cities can charge and how providers use public rights‑of‑way, Deputy City Manager Mike Faust told council. Faust said the FCC decision was "silent on dark fiber," meaning the city must now craft rules specifically for third‑party use of unused fiber strands.
Ben Ganados, a city staff presenter, explained dark fiber this way: “that empty fiber that they have there ... is what we consider the dark fiber so this license will allow the city ... to require the third party to obtain a license, the plan review fees and all the other fees being paid just like we did with provider number 1.”
Staff said they had met multiple providers and municipalities while drafting legislation. The presentation noted two existing city lease sites managed through materials management — at the sports complex and Fire Station 4 — both currently assigned to Crown Castle. Councilors and staff discussed operational problems at those leased sites; Faust and staff said contractors have sometimes arrived unannounced on city‑owned property, creating access and security issues.
Separately, staff asked council whether to lift or modify the administrative policy (adopted in 2017) that currently prohibits leases of wireless facilities on city property. Deputy City Manager Faust said staff is not recommending macro‑cell sites on city property but is exploring whether to permit smaller antennas—“small cell” devices typically mounted to light poles—at lower‑risk locations such as park light posts, while continuing to prohibit facilities at water campuses for security reasons.
If council wants to proceed, staff proposed issuing a request for information to carriers to test market interest, then developing rate structures, easement agreements and lease terms. No ordinances or policy changes were adopted at the meeting; staff will return with legislative documents and license agreements in early 2025 for council action.
Ending: Staff recommended rewriting Peoria’s draft license documents so they conform with federal and state law and requested direction from council about pursuing an RFI for small cell leases. Council provided questions and feedback but took no formal action at the Dec. 17 meeting.
