Senate Bill 1004 (SB 1004) allows the deployment of network nodes in the public right-of-way (ROW) and will be enacted on September 1, 2017. While SB 1004 restricts the ability of cities to regulate the use of ROW for these network node installations, it does allow for the adoption of a Design Manual that can be used to provide guidance to the providers on the technical criteria and details necessary for a proper installation.

SB 1004 allows network node providers four options for installation within the public ROW, which are described below:

1. On a "Utility Pole" - a non-City owned pole that provides electric distribution (i.e. CoServ or Oncor power poles.)
2. Installed via a "Transport Facility" - a path within the ROW, extending with a physical line from a network node directly to the network, for purposes of providing a backhaul for network nodes (i.e. a fiber line directly installed in the ground between network node and network tower.)
3. On a "Service Pole" - on a pole owned or operated by the City and in the public ROW (i.e. a signal pole, sign pole, a light pole, or similar structure owned or operated by the City.)
4. On a "Node Support Pole" - a pole installed by a network provider for the primary purpose of supporting a network node.

The new legislation allows the municipality to adopt a design manual that outlines the installation and construction details required to be followed by the network node provider as long as it does not conflict with any of the rules outlined in the legislation. The City of Allen's Network Node Design Manual provides technical criteria and details necessary for Providers seeking to install and construct network nodes and node support poles in the City's ROW. Some topics included within the manual are:

• ROW permitting process and technical criteria for installation of a network node on a City Service Pole, a Node Support Pole and a Transport Facility.
• Order of preference of installation method.
• Electrical permitting process and technical criteria for power to all new network nodes.
• Required structural analysis by a Texas licensed Professional Engineer for all network nodes on City Service Poles.
• Size, placement, and aesthetic restrictions based on designated historic, design district, municipal parks or adjacent residential areas as identified by the City Zoning Ordinance.
• Required equipment dimensions, signage, repair/maintenance procedures, GIS inventory information.
• Required coordination of traffic signal maintenance activities and emergency response.
• Required analysis and documentation that the network node will not interfere with the City's communications infrastructure.
• Abandonment, relocation and removal procedures.
• Required application fees and annual rental fees.

The design manual has been reviewed and approved by the City Attorney to verify that the City's specific requirements are acceptable under the SB 1004 legislation.

Below is a summary of the permit application fees and rental fees that the City will collect for network node installations with the adoption of the Network Node Design Manual and ROW Ordinance amendment.

Staff recommends that Council adopt an Ordinance adopting the City of Allen Design Manual for the Installation of Nodes and Node Support Poles in the City Right-of-Way.

I make a motion to adopt Ordinance No.____________ adopting the City of Allen Design Manual for the Installation of Nodes and Node Support Poles in the City Right-of-Way.