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 jurisdictions to set reasonable appearance and concealment standards and to establish fees and terms for right-of-way use, but that a local code must be consistent with state requirements and federal rules.

Speakers and commissioners raised several recurring issues:

- Undergrounding and alternatives: Laurie Troller, a frequent commenter on telecom issues, urged the town to pursue underground fiber where feasible and said some municipalities and private developments had chosen underground options. Troller also referenced FCC guidance on emission standards (FCC bulletin 65) and urged the commission to ensure local rules require compliance and testing rather than rely solely on applicant attestations.

- Definitions and legal consistency: Commissioners asked staff to add missing definitions to Chapter 16 and 17 and asked that Town Attorney or outside counsel review the terms-and-conditions and any references to state statutes and federal case law (including Ninth Circuit rulings) before the item returns to the commission.

- Indemnity, testing and historic/resource protections: Commissioners requested clearer indemnity/hold-harmless language, annual testing provisions or verification procedures for RF emissions, and consideration of historical sites or landmarks when siting equipment in or near the original fountain/park area.

- Height and colocations: Staff summarized state limits on small-cell height (varying 40–50 feet depending on context) and said the town’s design guidelines assume most installations will go on existing light poles or in a style consistent with local streetscapes. The Campanelli draft ordinance and the town’s existing Article 16-2 were both cited as reference documents.

No ordinance amendments were adopted at the meeting. Commissioners directed staff to seek legal review of the town’s existing small-cell terms and conditions, return with drafted definitions and recommended changes to the design guidelines, and then resume the commission review. Director West said staff would add the commission’s requested items to the next packet for consideration.

Laurie Troller summarized an operational point for the commission: "The whole reason we're here...the federal government wrote a Telecommunications Act...is so everybody can make a 911 phone call," she said, and urged the town to consider undergrounding where broadband use cases allow. Director John West confirmed the commission’s interest in legal review and additional definition work.

The commission did not take a binding vote on regulatory text; instead it paused to obtain counsel input and technical clarifications.