Commission hears briefing on small-cell wireless rules; no action taken

Summary

Staff briefed the commission on small-cell wireless facility regulations and recent Ninth Circuit/FCC guidance, noting state statutes and FCC rules still constrain local authority; the town attorney is reviewing terms and conditions (aesthetics, placement, abandonment) and staff will return with recommendations.

Planning staff briefed the Fountain Hills Planning & Zoning Commission on ongoing work to update local regulations for small-cell wireless facilities in the town right-of-way.

Staff said the town attorney reviewed Ninth Circuit opinions and related FCC guidance and prepared a memo summarizing constraints and opportunities. "My reading of the memo would make it sound like the changes through the 9th Circuit really don't move the needle much," the director said, adding that state statutes and FCC rules will remain the primary regulators. The town attorney is reviewing terms and conditions (placement, design standards, aesthetics and abandonment procedures) where the town may have authority to refine local regulation.

Commissioners asked about aesthetic standards, the town’s existing small-cell design guidelines, and whether abandonment or utility-coordination provisions could require undergrounding or other practices. Staff said those questions would require deeper review and that no action was being taken this evening. The town will return when the attorney has draft recommended language.