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New Castle planners begin rewrite of small‑cell wireless code; staff expect draft in coming meetings
Summary
Associate Planner Tyler Coyle introduced small‑cell wireless facilities and said the city will restart a code update begun in 2023 to set size, noise and franchise standards. Commissioners asked about placement rules, limits on multiple providers on a pole, potential revenue and federal constraints.
Associate Planner Tyler Coyle told the New Castle Planning Commission on March 25 that the city’s existing wireless‑communications code (last updated in 2013) does not reflect small‑cell technology and needs a new chapter to address modern deployments. Coyle described small cells as compact antennas and equipment that sit on utility or light poles to fill coverage gaps and boost network capacity in concentrated areas.
“The short answer is: poorly,” Coyle said of the current code’s fit for small cells, adding that the city began work with outside counsel Daniel Kenny of Ogden Murphy Wallace in 2023 and plans to pick up and finish the draft now that leadership transitions have settled. He said the rewrite would aim to draw a clear line between macro cell and small‑cell rules and include dimensional and noise standards, a franchise approach for bulk deployments, and incorporation of applicable federal rules.
Commissioners pressed staff on likely timing, placement and limits. Commissioner Keck asked when residents would know where small cells might be installed; Coyle replied that the code will set the rules—such as locations in the city right‑of‑way or on private property—but providers will typically propose exact pole locations and the city’s role is to set the regulatory framework rather than pick individual sites.
On whether the city can limit the number of providers trying to place equipment on the same pole, Coyle said limitations will be constrained by federal law and FCC rules, and recommended counsel’s input for those specifics. Chair Charlie Gazzick asked if the city could earn revenue from allowing equipment on city poles; Coyle said a standard franchise agreement would likely include some revenue but he did not expect large returns.
Coyle told the commission he expects to have a more solid draft of the small‑cell chapter within the next one to two meetings and recommended staff continue coordinating with legal counsel and providers before a public hearing. He reported no active permits for small cells in New Castle at the time of the meeting.
What’s next: staff offered to send commissioners the list of questions raised at the meeting and to invite outside counsel back to address provider‑specific legal constraints at a future meeting. No formal action or vote was taken on small‑cell policy at this session.
