2020-06-03 CC Agenda - Public Communication related to Item #C9 - Wireless CommunicationHarada, Patricia
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FW: Comment letter for June 2, 2020 City Council Agenda Item C9 --Wireless Code
Update
EI Segundo CA ATT -Comment Letter CC 622020 final .docx
From: HEFFERNAN, JOHN P [mailto:JH3412@att.com]
Sent: Tuesday, June 02, 2020 10:48 AM
To: ALL ELECTED OFFICIALS; public communications
Cc: Mitnick, Scott
Subject: Comment letter for June 2, 2020 City Council Agenda Item C9 --Wireless Code Update
Dear Mayor and Councilmembers:
I would ask that the attached comment letter be read into the record during public communications related to
Ordinance and Resolution agenda item C9.
Again, AT&T appreciates and values the productive and collaborative working relationship we have with the city of EI
Segundo staff, elected officials, and community.
Thank you for the opportunity to provide feedback on the draft wireless code update. While AT&T supports the general
direction of updating standards for wireless facilities in general and adding new standards to address small wireless
facilities specifically, the proposed draft ordinance presents some significant feasibility issues that could materially
inhibit our ability to provide service at a time when more residents and businesses in EI Segundo are relying on wireless
devices to do more things than ever before. Some elements of the draft are also inconsistent with the recent FCC
OrderIll governing small wireless facilities in the right of way.
Regards,
John Heffernan
AT&T- External Affairs
2250 E. Imperial Hwy 3rd Floor
EI Segundo, CA 90245
iohn.heffernan@att.com
m 714.227.5001
Ill Acceleratine Wireless Broadband Deolovment by Removing Barriers to Infrastructure Investment, Declaratory Ruline and Third
Report and Order (September 26, 2018) ("FCC Order")
Gregory B. Mouroux AT&T
Assistant Vice President 430 Bush Street. Room 6062
Senior Legal Counsel San Francisco, CA 94108
June 2, 2020
Via Email
alleleetedoffiejals@e]8egundo.org
Mayor Drew Boyles
City of El Segundo City Council
Chris Pimentel
Carol Pirsztuk
Scott Nicol
Lance Giroux
T 415.216.2610
gregory.mourouaClatt.com
Re: June 2, 2020 City Council Agenda Item C9 --Wireless Code Update
Dear Mayor and Councilmembers:
Thank you for the opportunity to provide feedback on the draft wireless code update.
While AT&T supports the general direction of updating standards for wireless facilities in
general and adding new standards to address small wireless facilities specifically, the
proposed draft ordinance present some significant feasibility issues that could materially
inhibit the ability to provide service at a time when more people are relying on wireless
devices to do more things than ever before, like video conference calls for remote workers,
medical monitoring, educational interface, and to arrange delivery of food and other goods.
In fact, wireless data usage has increased exponentially since the introduction of the
smartphone. First responders also rely on the wireless network to receive calls and to move
patient information across their data mobile devices, and a robust wireless network is
essential to individuals and small businesses working from home in residential
neighborhoods. Some elements of the draft are also inconsistent with the recent FCC
Order' governing small wireless facilities in the right of way.
In reviewing the latest draft, these are the areas of concern:
1. The definition of "Technically infeasible" is inconsistent with the FCC Order
¶39-41, finding that a a prohibition does not have to be complete or
insurmountable to constitute an effective prohibition. The draft code's
requirement that compliance with a regulation be physically impossible before
a deviation is granted is inconsistent with the FCC Order. AT&T requests
that city revise the definition--- "Technically infeasible" means a circumstance
jn which compliance with a specific requirement within this Policy would
mateiiallyinhjbjt the ability to provide service or meet a network objective.
1 Acceleratine Wireless Broadband Denimment by Rem ovine Barriers to Infrastructure Investment,
Declaratory Ruline and Third Renort and Order fSeotember 26, 201$1 ("FCC Order").
2. Section 8 A contains a height limitation that is more restrictive and
inconsistent with the FCC Order's definition of a small wireless facility.
AT&T requests that the height limits be changed to align with the FCC Order
definition.'=
3. Section 8 B(1) requires that all antennas be concealed within a radome. 5G
may use panel antennas that are exposed but can covered with a tinted film
that does not block signal. AT&T requests the following language-- All
antennas must be completely concealed within an opaque antenna canister or
radome or made to look as if they are integi-ated with the pole.
4. Section 8 B (3) limits the side extension for a small wireless facility to 18
inches unless "applicable Laws" require a greater extension. The offset
requirements for [pole attachment are often policies of pole owners and/or
regulatory bodies which do not have the force of law but govern where the
attacher may place the equipment. AT&T requests the following revision---
Side-mounted antennas, where permitted, shall not project; (A) more than IS
inches from the support structure; (B) over any roadway for vehicular travel;
or (C) over any abuttingplivate property. If applicable laws, or the pole
owner's or regulatory body's policies or practices require a side -m o un ted
antenna to project more than IS inches from the support structure, the
projection shall be no greater than required for compliance with such laws.
5. Section 8 C (3) improperly limits the volume of equipment to nine cubic feet in
residential areas and 17 cubic feet elsewhere. The FCC Definition of a small
wireless facility includes equipment volume of up to twenty eight cubic feet.
AT&T requests that this standard be changed to align with the federal
allowance of 28 cubic feet.3
Thank you for the opportunity to comment and we look forward to continuing to work with
the City to develop a code that preserves the look and feel of your community, while
providing an efficient and workable process to deliver the service your residents, visitors
and businesses have come to expect.
Sincerely,
Gregory B. Mouroux
AVP — Senior Legal Counsel
AT&T
247 CFR § 1.6002(1)(1)
3 47 CFR 1.6002(1)(3)
W