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1609ORDINANCE NO, 1609 (#16 - 2019) AN ORDINANCE TO ESTABLISH THE STANDARDS FOR A MASTER AGREEMENT FOR SMALL WIRELESS FACILITIES TO BE PLACED IN CITY RIGHTS-OF-WAY IN THE CITY OFJACKSONVILLE, ARKANSAS; AND FOR OTHER PURPOSES. WHEREAS, during the 2019 legislative session, the Arkansas General Assembly passed House Bill 1874, codified in Arkansas Code Title 23, Chapter 17, which establishes the Small Wireless Facility Act (Act 797); and WHEREAS, notwithstanding the expanded access to municipal rights-of-way and City -owned infrastructure for small cell facilities, Act 797 also preserves the local government's right to exercise police powers to regulate the placement of such facilities, subject to certain limitations; and WHEREAS, Act 797 will become effective September 1, 2019; and WHEREAS, the City of Jacksonville ("City") encourages wireless infrastructure investment and wishes to provide a fair and predictable process for the deployment of Small Wireless Facilities while enabling the City to promote management of the rights-of- way in the overall interests of the public health, safety and welfare; and, WHEREAS, the City recognizes that Small Wireless Facilities — including facilities commonly referred to as small cells and distributed antenna systems -- are critical to delivering wireless access to advanced technology, broadband, and 911 services to residences, businesses, and schools within the City; and, WHEREAS, the City recognizes that Small Wireless Facilities are often most effectively deployed in public rights-of-way; and, WHEREAS, the City intends to fully comply with State and Federal Law to the extent it may preempt local municipal control; NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS; SECTION ONE Definitions "Antenna" means communication equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.