Agenda 01/23/2018 Item #16A1001/23/2018
EXECUTIVE SUMMARY
Recommendation to approve a waiver of design standards set forth in Ordinance 2017-27 requested
by Mobilitie, Inc., for the installation of backhaul and antennae equipment on one proposed small
wireless facility within County road right-of-way.
OBJECTIVE: To approve a waiver for a communication facility with Mobilitie, Inc., for the installation
of backhaul and antenna equipment on one proposed small wireless facility within the Collier County
road right-of-way.
CONSIDERATIONS: On June 27, 2017, the Board of County Commissioners (Board) adopted
Ordinance 2017-27, setting forth regulations for wireless facilities within the County right-of-way, as well
as the collocation of small wireless facilities on County-owned utility poles. At that meeting, it was
anticipated that as staff have specific project experience working with the Wireless Providers, that staff
will be coming back to the Board to reflect on the realities of the industry, technology and application
process, as this entire process is new not only to Florida, but nationally as well.
The Development Review Division of the Growth Management Department has received an application
from Mobilitie, Inc., for the installation of one small wireless facility which would be located within the
Collier County right-of-way. Mobilitie proposes to install an antenna and backhaul equipment on the
proposed communication pole within the County right-of-way. Mobilitie’s small wireless facility design
does not have a direct fiber connection. As explained in the attached waiver request, Mobilitie’s
technology is a wireless one therefore, they need the ability to place the antenna and backhaul equipment
on the proposed pole. Per Ordinance 2017-27 Section 6(1)(e) and 7(2)(d), backhaul equipment and
antennae shall not be attached to a proposed communication facility pole, so the application request by
Mobilitie would be rejected without a waiver of those design standards.
Section 337.401(7)(g)(2), Florida Statutes, which governs how a local government may regulate small
wireless facilities within the County right-of-way, allows for a waiver of such design standards where the
design standards (1) are not reasonably compatible for the particular location of a small wireless facility,
or (2) the design standards impose an excessive expense. However, the County Ordinance does not
include any type of waiver provision. As a result, such waiver request requires approval by the Board as
the authority having jurisdiction, as allowed by Section 337.401(7)(g)(2). Mobilitie’s waiver request is to
waive the requirements of Section 6(1)(e) and 7(2)(d) of Ordinance No. 2017 -27 and allow the backhaul
equipment and antenna on the pole since the requirement is not reasonably compatible for the particular
location of the small wireless facility. The proposed infrastructure meets the sizing criteria established
within Ordinance 2017-27. The waiver request has been reviewed and is supported by staff for the
Board’s consideration.
As staff becomes familiarized with the industry, technology and application process for small wireless
facilities, an amended Ordinance may be brought back to the Board at the Board’s discretion with
suggested amendments to the County’s regulations, including an administrative waiver proce ss
implementing those waiver provisions authorized by Section 337.401(7)(g)(2), Florida Statutes.
FISCAL IMPACT: The County will realize revenues as follows:
Fund: Growth Management Fund 131
Agency: County Manager
Cost Center: 138327 - Land Development Services
Revenue generated by this project: Total: $100
16.A.10
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01/23/2018
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. - ERP
RECOMMENDATION: To grant the waiver request to allow backhaul and antennae equipment to be
placed on a proposed small wireless facility within the County right-of-way.
Prepared by: John Houldsworth, Senior Site Plan Reviewer, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Waiver Request (PDF)
3. Mobilitie Pole Elevation (PDF)
16.A.10
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01/23/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10
Doc ID: 4408
Item Summary: Recommendation to approve a waiver of design standards set forth in Ordinance
2017-27 requested by Mobilitie, Inc. for the installation of backhaul and antennae equipment on one
proposed small wireless facility within County road right-of-way.
Meeting Date: 01/23/2018
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
12/19/2017 11:11 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
12/19/2017 11:11 AM
Approved By:
Review:
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 12/20/2017 9:30 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 12/20/2017 11:42 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 12/26/2017 9:14 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 12/26/2017 11:12 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 12/26/2017 3:14 PM
County Attorney's Office Emily Pepin Additional Reviewer Completed 12/27/2017 11:08 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/28/2017 9:03 AM
Growth Management Department James French Deputy Department Head Review Completed 12/29/2017 10:11 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/29/2017 3:33 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/04/2018 1:29 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 01/09/2018 10:20 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/12/2018 9:29 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/23/2018 9:00 AM
16.A.10
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16.A.10.a
Packet Pg. 286 Attachment: Location Map (4408 : Request for Waiver Allowing Backhaul Equipment onto Utility Poles)
3475 Piedmont Rd. NE, Suite 1000
Atlanta, Georgia 30305
December 14, 2017
Board of County Commissioners
2800 N. Horseshoe Drive
Naples, FL 34104
Phone: 239-252-8279
Fax: 239-252-6945
RE: Request for a Waiver Allowing Backhaul Equipment onto Utility Poles
Dear Board of County Commissioners,
Mobilitie, LLC (“Mobilitie”) requests the Collier County Board of County Commissioners (the “Board”)
waive Section Six (1)(e) of Collier County Ordinance No. 2017-27 stating that “if the [alternate] location
is a Utility Pole, with the exception of electric meters and disconnect switches, equipment such as back-
haul shall not be mounted on the exterior of the pole.” Pursuant to Section 337.401(7)(g)(2) of Florida
Statutes, “such design standards may be waived by the authority upon a showing that the design standards
are not reasonably compatible for the particular location of a small wireless facility or that the design
standards impose an excessive expense.”
Small cells help densify wireless networks and are used to add capacity and coverage to the existing wireless
networks to offer greater connectivity. For Mobilitie’s small cells to connect back to the carrier’s core
network, a wireless backhaul antenna is placed on the pole at approximately seventeen (17) feet above the
ground. This wireless backhaul antenna must be mounted on the pole so that it can connect via line-of-site
back to the carrier’s core network (the internet).
Further, wireless backhaul is essential to Mobilitie’s small wireless facility design because it does not need
to be connected to underground fiber. Therefore, per the Statute, Mobilitie believes the design standards in
the County Ordinance would not be reasonably compatible with our equipment.
Mobilitie’s small cells cannot operate to provide high capacity data throughput and low latency to customers
without having this backhaul component located on new poles or attached to Florida Power and Light poles.
There are no feasible alternatives that Mobilitie could use to power our equipment and the development of
such would impose an excessive expense. For these reasons, the wireless backhaul antenna must be
mounted on the pole because it is an essential requirement and without it would inhibit our ability to service
our clients.
Thank you very much for working collaboratively with Mobilitie to site small cells within County rights-
of-way. Please let us know if there are any questions or any additional information is required.
Sincerely,
Michele Visconti
Government Relations Manager
16.A.10.b
Packet Pg. 287 Attachment: Waiver Request (4408 : Request for Waiver Allowing Backhaul Equipment onto Utility Poles)
16.A.10.c
Packet Pg. 288 Attachment: Mobilitie Pole Elevation (4408 : Request for Waiver Allowing Backhaul Equipment onto Utility Poles)