GA Senate Bill 426, known as “The Broadband Infrastructure Leads To Development Act,” aims to streamline installation of wireless facilities by allowing construction in city-owned rights-of-way. The bill easily passed the Georgia Senate in a 52-2 vote and is now being considered by the Georgia House of Representatives, but local governments, such as the Johns Creek City Council and cities including Roswell, Alpharetta, and Milton, do not support the bill.
According to the Johns Creek Patch, the Johns Creek City Council passed a resolution in opposition to the bill, which the City Council says “does not strike an appropriate balance between the need for deployment of wireless broadband infrastructure and the need for local governments to effectively manage the aesthetics of its own right-of-way,” as stated in the City Council’s resolution.
If it passes the Georgia House, SB 426 will make it easier for wireless companies to install and maintain small wireless facilities, with permitting requirements eased and the fee schedule standardized, but local residents will not be left powerless. According to the bill, wireless companies would still be responsible for repairing any damage they caused to a public right-of-way, and local governments could still object to the placement of a small cell facility, should it create a public safety risk. The measure also allows municipalities to require concealment of new wireless facilities in historic districts.
The Johns Creek City Council is not satisfied with the protective measures set forth in the Bill and warns of an “explosion of aesthetically objectionable utility poles” in its resolution. It’s referring to the provision allowing utility poles to be as high as 50 feet from grade, which would loom over any existing pole in Johns Creek. “Reasonable efforts by the city to use local control to preserve the look and feel of the right-of-way is critical to maintaining property values,” City Council members told the Johns Creek Patch.
March 21, 2018
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