_add-on c)Add-on item c)
Sponsored by: Mayor Stoddard
City Commission Meeting: 03 -07 -17
1 RESOLUTION NO. ___ _
2
3 A Resolution of the City of South Miami, directing the City Attorney to research or
4 attain expert legal resources regarding the current state of law regarding the
5 Communications Act of 1934 and/or the 1964 Civil Rights Act as amended, and
6 other laws as necessary specifically as relates to the placement of communication
7 towers/poles in minority neighborhoods or population centers of disadvantaged
8 citizens, and to take any necessary action including sending comments to the FCC or
9 any other appropriate body, regarding such in addition to recommending City
10 legislation to address zoning and social issues.
11
12 WHEREAS, Mobilitie, LLC ("Mobilitie") has petitioned the Federal Communications
13 Commission (Commission) "pursuant to Section 1.2 of its Rules for a declaratory ruling
14 interpreting three phrases in Section 253( c) of the Communications Act of 1934, as amended, to
15 speed the deployment of critical advanced wireless infrastructure. First, the Commission should
16 interpret "fair and reasonable compensation" to mean charges that enable a locality to recoup its
17 costs related to issuing permits and managing the rights of way, but no more. Second, it should
18 interpret "competitively neutral and nondiscriminatory" to mean charges that do not exceed those
19 imposed on other providers for similar access. Third, it should interpret "publicly disclosed by
20 such government" to obligate localities to make available to a provider seeking access the rights
21 of way charges they previously imposed on others. These actions will stop excessive and unfair
22 rights of way fees that are impeding wireless broadband deployment, provide clarity and
23 certainty to providers and localities alike, head off and resolve disputes, and thus accelerate more
24 investment in network infrastructure -investment that is necessary to support the American
25 public's exploding demand for wireless broadband."; and
26
27 WHEREAS, Mobilitie has located or is planning to locate at least 4 towers for the
28 purpose of installing wireless infrastructure (cell phone towers) in the Historic Marshall
29 Williamson Community within the South Miami Community Redevelopment Area, each within
30 one third of a mile of each other; and
31
32 WHEREAS, this area has been designated as slum and blighted and is significantly
33 disadvantaged economically and is horne to the majority of minority residents in the City; and
34
35 WHEREAS, a complaint to the Federal Transit Administration led to an investigation
36 that found Miami-Dade County, the City of Miami and the City of Coral Gables had violated
37 1964 Civil Rights Act because no one had conducted a study on whether a trolley garage to be
38 located in a traditional minority neighborhood, would have a disparate impact on minorities; and
39
40 WHEREAS, there is a possibility that the collocation of so many poles within a 0.33
41 mile radius in the Historic Marshall Williamson Community, is or creates, a violation of the
42 1964 Civil Rights Act; and
43
44 WHEREAS, the City Commission and the City Administration need to be fully and
45 properly informed on this issue; and
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Add-on item c)
Sponsored by: Mayor Stoddard
City Commission Meeting: 03-07-17
1 WHEREAS, the City Commission wishes to take any and all necessary and advisable
2 actions to protect the citizens of the Historic Marshall Williamson Community and the
3 community at large.
4
5 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
6 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
7
8 Section 1. The above recitals are statements of fact held to be true and are
9 incorporated into the body of this resolution.
10
11 Section 2. The City Commission hereby directs the City Attorney to research or
12 consult expert legal resources, including attorneys who specialize in civil rights law and civil
13 rights litigation regarding the current state of law concerning the Communications Act of 1934
14 and/or the 1964 Civil Rights Act as amended, and other laws as necessary and specifically as
15 related to the differential siting of large, intrusive, or potentially hazardous infrastructure in
16 minority neighborhoods or population centers of low income residents, and to take any necessary
17 action including sending comments to the FCC or any other appropriate body, regarding such in
18 addition to recommending City legislation to address zoning and social issues.
19
20 Section 3. If any section clause, sentence, or phrase of this resolution is for any
21 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
22 affect the validity of the remaining portions of this resolution.
23
24 Section 4. Effective Date. This. resolution shall become effective immediately upon
25 adoption by vote of the City Commission.
26
27
28 PASSED AND ENACTED this __ day of ,2017.
29
30 ATTEST: APPROVED:
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32
33 CITY CLERK MAYOR
34 1 st Reading
35 2nd Reading
36
37 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
38 LANGUAGE, LEGALITY AND Mayor Stoddard:
39 EXECUTION THEREOF Vice Mayor Welsh:
40 Commissioner Edmond:
41 Commissioner Harris:
42 Commissioner: Liebman
43 CITY ATTORNEY
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