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.