2014-28887 Reso RESOLUTION NO. 2014-28887
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, RESCINDING THE MORATORIUM
IMPOSED ON SEPTEMBER 17, 2014, PURSUANT TO RESOLUTION NO.
2014-28752; WHICH MORATORIUM PRECLUDED THE PROCESSING OF
APPLICATIONS PERTAINING TO THE INSTALLATION OR SITING OF
ANY "TELECOMMUNICATIONS TOWERS" WITHIN THE CITY'S RIGHTS-
OF-WAY.
WHEREAS, with the enactment of the Telecommunications Act of 1996 ("Act"), the Act
prevents the City from adopting local regulations in response to perceived or real fears of radio
frequency emissions once such facilities comply with Federal Communications Commission
("FCC") Regulations, in that the Act provides:
No state or local government or instrumentality thereof may regulate the
placement, construction, and modification of personal wireless service facilities
on the basis of the environmental effects of radio frequency emissions to the
extent that such facilities comply with the Commission's regulations concerning
such emissions; and
WHEREAS, the Act prevents the City from unreasonably discriminating against
providers of functionally equivalent services, such that when the City allows communications
distribution facilities (antennae) or Distributed Antenna Systems wholly contained or mounted on
a single, stand-alone tower, or wireless personal telecommunications services antennae towers,
within the City's public rights-of-way, it must formulate reasonable nondiscriminatory rules and
policies that are applicable to all such similar facilities; and,
WHEREAS, the State of Florida has adopted legislation, presently codified as § 37.401,
Fla. Stat. (2014) (herein the "Right Of Way Regulatory Laws") which is designed to promote the
expansion of the wireless personal telecommunications industry, by confirming a municipality's
authority to adopt and enforce reasonable, non-discriminatory rules and regulations which apply
to the installation of utilities facilities in public rights-of-way; and
WHEREAS, on September 17, 2014, pursuant to Resolution No. 2014-28752, attached
and incorporated as Exhibit "A" hereto, the Mayor and City Commission enacted a 180 day
moratorium on the review of applications for the installation of telecommunications facilities
within the public rights-of-way so that the City could complete its evaluation and revisions to the
City's draft telecommunications ordinance; and
WHEREAS, the City has completed its evaluation and is finalizing its draft
Telecommunications Ordinance; and
WHEREAS, on December 17, 2014, the Mayor and City Commission adopted, at first
reading, the revised, vetted Telecommunications Ordinance; and
WHEREAS, the Mayor and Commission recognize that there are currently 20
applications that have been stayed due to the moratorium, which applications may now proceed
under the guidance and procedures provided under the First Reading, telecommunications
ordinance, and, therefore, the Moratorium is lifted.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: that the Mayor and City
Commission, rescind the moratorium imposed on September 17, 2014, via Resolution No.:
2014-28752; which moratorium precluded the processing of applications pertaining to the
installation or siting of any "telecommunications towers" within the City's rights-of-way.
PASSED AND ADOPTED this /7 day of Decen,.ber 2014.
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:ORATED.
Rafael E Granado, City Clerk •.-•.. X11,, —, Philip Levif4 M- or
F/
!A-PPROVED AS TO
FORM & LANGUAGE
c---'- & FOR-EXECUTION •
Pi e 1
City Attorney / Dote _
CNOY
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