Commission begins review of small-cell wireless in right-of-way; requests legal review and studies

The Fountain Hills Planning and Zoning Commission on June 9 opened a multi-meeting review of small-cell wireless regulations in the public right of way and asked staff to obtain legal review before the commission pursues ordinance changes.

Commissioners said they want clearer definitions, stronger indemnity/hold-harmless language where appropriate, annual testing or verification of radio-frequency standards and protections for historical areas. The review focuses on Town Code Article 16-2, supporting lease and terms-and-conditions documents, and the town’s design guidelines for small wireless facilities, Director John West said.

State law sets a framework for local regulation of small wireless facilities, including timelines for application review and limits on local authority, staff told the commission. Director West summarized that state statute allows…