City of East Chicago Looks to Regulate Small Cell Zoning Process

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Due to lax zoning laws carriers oftentimes install small cell equipment in cities’ rights-of-ways, but municipalities are beginning to adopt ordinances to regulate this process. For example, the city of East Chicago recently adopted the first reading of an ordinance that looks to set standards for the construction of small cells in rights-of-way, reports The Times of Northwest Indiana.

The council unanimously passed a resolution supporting the ordinance earlier this month, but now it must be heard on its second and third readings. The council approved it 7-2, with two councilmen opposing it due to the ambiguity of its language.

“It was just too many question marks as far as the ordinance goes,” said Councilman Robert Garcia, who voiced concern that the ordinance would not enable the council to disprove small cell applications on the basis of health and safety concerns.

Supporters of the ordinance argue it allows for development but also allows the city to require companies move utility poles when they interfere with planned streets or other city-owned infrastructure.

“To not have these provisions, it would provide that the company has mandate over the right-of-way to keep their pole there even if we change development,” said Councilman Marino Solorio.

February 1, 2017

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