Res No 045-17-14846RESOLUTION NO.045-17-1 4846
A Resolution of the City of South Miami,directing the City Attorney to research or
attain expert legal resources regarding the current state of law regarding the
Communications Act of 1934 and/or the 1964 Civil Rights Act as amended,and
other laws as necessary specifically as relates to the placement of communication
towers/poles in minority neighborhoods or population centers of disadvantaged
citizens,and to take any necessary action including sending comments to the FCC or
any other appropriate body,regarding such in addition to recommending City
legislation to address zoning and social issues.
WHEREAS,Mobilitie,LLC ("Mobilitie")has petitioned the Federal Communications
Commission (Commission)"pursuant to Section 1.2 of its Rules fora declaratory ruling
interpreting three phrases in Section 253(c)of the Communications Act of 1934,as amended,to
speed the deployment of critical advanced wireless infrastructure.First,the Commission should
interpret "fair and reasonable compensation"to mean charges that enable a locality to recoup its
costs related to issuing permits and managing the rights of way,but no more.Second,it should
interpret "competitively neutral and nondiscriminatory"to mean charges that donot exceed those
imposed on other providers for similar access.Third,it should interpret "publicly disclosed by
such government"to obligatelocalities to make available toa provider seeking access the rights
of waychargesthey previously imposed onothers.Theseactionswillstop excessive andunfair
rights of wayfeesthatare impeding wireless broadband deployment,provide clarityand
certainty to providers and localities alike,head off and resolve disputes,andthus accelerate more
investment in network infrastructure -investment that is necessary to support the American
public's exploding demand for wireless broadband.";and
WHEREAS,Mobilitie has located oris planning to locate at least 4 towers forthe
purpose of installing wireless infrastructure (cell phone towers)inthe Historic Marshall
Williamson Community within theSouthMiami Community Redevelopment Area,eachwithin
one third of a mile of each other;and
WHEREAS,this area has been designated asslumand blighted andis significantly
disadvantaged economically andis home tothe majority of minority residents intheCity;and
WHEREAS,a complaint tothe Federal Transit Administration ledtoan investigation
thatfound Miami-Dade County,theCity of MiamiandtheCity of CoralGableshadviolated
1964 CivilRightsActbecausenoonehadconductedastudyonwhetheratrolleygaragetobe
locatedinatraditionalminorityneighborhood,wouldhaveadisparateimpactonminorities;and
WHEREAS,thereisapossibilitythatthecollocation of somanypoleswithina0.33
mile radius inthe Historic Marshall Williamson Community,isor creates,a violation of the
1964 Civil Rights Act;and
WHEREAS,theCity Commission andtheCity Administration needtobefullyand
properly informed on this issue;and
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Res.No.045-17-14846
WHEREAS,theCity Commission wishestotakeanyandall necessary and advisable
actionsto protect the citizens of the Historic Marshall Williamson Community andthe
community at large.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,THAT:
Section 1.The above recitals are statements of fact held to be true and are
incorporated intothe body of this resolution.
Section 2.The City Commission hereby directs the City Attorney to research or
consult expert legal resources,including attorneys who specialize in civil rights law andcivil
rights litigation regarding the current state of law concerning the Communications Act of 1934
and/or the 1964 Civil Rights Act as amended,and other lawsas necessary and specifically as
related tothe differential siting of large,intrusive,or potentially hazardous infrastructure in
minority neighborhoods or population centers of low income residents,andtotakeany necessary
action including sending comments totheFCCorany other appropriate body,regarding suchin
addition to recommending City legislation to address zoning and social issues.
Section 3.If any section clause,sentence,or phrase of this resolution isforany
reason held invalid or unconstitutional bya court of competent jurisdiction,the holding shall not
affect the validity of the remaining portions of this resolution.
Section 4.Effective Date.This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ENACTED this 7thday of March 2017.
TEST:APPROVED:
READ AND
languag;
EXECU
[ROVED AS TO FORM:
5,IfiGALIT.
HEREC
COMMISSION VOTE:4-0
Mayor Stoddard:Yea
Vice Mayor Welsh:Yea
Commissioner Edmond:Yea
Commissioner Harris:Yea
Commissioner:Liebman absent
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