Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

Date: November 19, 1999

TO:

City Services and Budgets Committee

FROM:

General Manager of Engineering Services

SUBJECT:

Master Access Agreement - Wireless Carriers

 


RECOMMENDATIONS


COMMENTS


POLICY


On July 30, 1996, when dealing with a report on Telecommunications Policies, Council approved a number of goals including one to ensure that the City maintains its authority to regulate equitable access to rights-of-way, secure valuable compensation for their use, minimize negative impacts associated with their use, and utilize them in a manner that furthers other telecommunications policy objectives.

PURPOSE

This report seeks Council approval to permit Clearnet Inc., Rogers Cantel Inc., Microcell Telecommunications Inc., and Telus Mobility to install antennae and repeaters on City property (both street right-of-way, parks and real property). This permission will be subject to the execution of a Master Access Agreement with the City containing general terms and conditions which are described in this report, and where City property is zoned the permission will also be subject to the Zoning and Development By-law. This report also seeks standing authority to enter into a similar agreement with any future wireless companies.

BACKGROUND

In adopting the Telecommunications Policy in July, 1996, the City formally recognized the increasingly important role that telecommunications plays in the economy of Vancouver. The City further committed to maintain its authority to regulate equitable access to rights-of-way, secure valuable compensation for their use, and minimize negative impacts associated with their use.

Industry Canada is responsible for regulating wireless telecommunications in Canada and for authorizing the location of wireless telecommunications facilities. Industry Canada requires that applicants notify and consult with appropriate land use authorities. The consultation is intended to provide an opportunity to have land use concerns addressed while respecting federal jurisdiction for the installation and operation of telecommunications systems. Industry Canada expects that all involved parties will examine proposals, consider each others’ concerns and develop solutions that are acceptable to both the carriers and the community.

If the City refuses a request to locate a carrier’s equipment on City property, Industry Canada will look at information provided by both the carrier and the City and determine if there are valid reasons why the equipment should not be located on City property. Industry Canada has the authority to over-ride a landowners’ decision, but exercises this authority as a last resort.

There are two current cellular installations on City property covered by separate agreements, Nat Bailey Stadium and Firehall No. 18. At Nat Bailey Stadium, the City receives a $24,000 per year licence fee from Clearnet and at Firehall No. 18, the City will receive $18,000 per year for the licence fee from Telus Mobility. When the new firehall is built, Telus Mobility will pay approximately $100,000 for a room in the firehall to be built for their use and be responsible for all operating costs.

Other local municipalities have permitted similar cellular installations on water towers etc., through separate agreements with comparable fees. No other local municipality has entered into a master agreement with all of the carriers, as we are proposing, but similar agreements have been made between the carriers and BC Hydro and the Ministry of Transportation and Highways.

DISCUSSION

Wireless phones are the fastest growing consumer products in history. Over 6 million devices are currently used by Canadians on a daily basis. It is estimated that by 2005, 50% of all calls in the world will be wireless. Additionally, in the next few years wireless cable services and internet services are planned to be introduced.

In the Lower Mainland there are four service providers for digital and analog mobile phones. The Vancouver network for the service providers is well established with most cellular antennas located discretely on buildings, however, there are certain areas that experience dropped calls because of “holes” in the cellular system networks or because of overloading of the networks. Preventing these dropped calls is important because in Canada there are more than 5000 calls per day to 9-1-1 from mobile phones. In these areas the service providers have been unable to locate their equipment in suitable locations or with the increasing use of wireless phones additional sites are required to handle the load. The service providers are now looking to the City to install their equipment on City right-of-way or City buildings and parks to deal with these coverage problems and expand services.

On private property, the City’s Zoning and Development By-law governs the installation of cellular equipment and towers. During the development application process particular regard is given to visual impacts and aesthetic considerations, and in some instances a public notification process may be necessary. When siting equipment or antenna on City buildings or in Parks this same process will be used, as they are bound by the provisions of the Zoning By-law.

In siting the cellular equipment in the street right-of-way, the aesthetics of each site will be evaluated, including the impacts on views. In areas where aesthetics and visual impacts are a concern, a public notification process, as set out by the General Manager of Engineering Services, will also be considered. Additionally, safety and security at the sites and possible interference with City or third party facilities and operations will also be considered.

Clearnet Inc., Rogers Cantel Inc., Microcell Telecommunications Inc., and Telus Mobility require the City’s permission to install their antennae and repeater network system on City property. Staff have been involved in discussions with these companies over the past few months, and subject to Council approval anticipate entering into agreements with Clearnet Inc., Rogers Cantel Inc., Microcell Telecommunications Inc., and Telus Mobility with the following general terms:

· Annual license fee structure from $1500 to $16000 for installations on the City right-of-way, depending on, size, height and type of structure equipment is placed on. Fees for City buildings and parks will be negotiated separately.
· Term of 10-years with three 5-year renewals. The City or the carrier have the option of termination after the initial ten year term or after each of the five year renewals.
· Fee to be reviewed at five-year intervals.
· Wireless carriers responsible for the cost of relocating or removing their plant whererequired by the City.
· City would not assume liability for loss or damage to the wireless carriers’ operations
· Wireless carriers to pay all municipal taxes and all other City-imposed fees as applicable, such as those for parking clearance, temporary special zone and other permits.
· Provisions for encouraging collocation of antenna and equipment from more than one company to minimize support structures.
· Consideration of aesthetic and visual impacts of installations, including a public review process where required by the City.
· City to be indemnified for liability including, without limitation, liability relating to health issues.
· City has right to require removal of antenna and equipment.

Both the Ministry of Transportation and Highways and B.C. Hydro have master access agreements with these companies.

TYPES OF INSTALLATIONS

With this agreement a variety of different installations would be possible. They vary in height and in footprint, from a small repeater placed on an existing utility pole to a full site consisting of a tower and a 12'x24' fenced equipment shelter. Locating an antenna on an existing municipal building or structure will be a preferred scenario, rather than constructing a new structure.

This photo shows a typical repeater installation. This repeater is located on a BC Hydro pole. There is no ground equipment associated with this type of repeater.

This photo shows a company structure, greater than 50 feet. There is a fenced equipment shelter associated with this installation. This major type of installation is expected to be rare.

FEE SCHEDULE

A $400 application fee for each installation is proposed to cover staff time for reviewing and approving plans. Any consulting fees required to determine the structural integrity of an attachment to a City structure, will be paid by the applicant.

The proposed fee structure for installations in the City R.O.W. is as follows:

 

Existing Third Party Structure

Existing City Structure

New Company Structure

Height of antenna* 50 feet or less

$1500/yr

$3500/yr

$6000/yr

Height of antenna* greater than 50 feet

$2500/yr

$6000/yr

$12000/yr

* This is the maximum height of the antenna

Additional Costs:

Equipment Cabinet (up to a maximum of 20 ft2, height less than 3 ft) - $2000/yr
Equipment Shelter (up to a maximum of 300 ft2) - $4000/yr
Increasing pole height of existing structure by 2 feet or greater - $1000/yr

City buildings and parks are not included in this fee schedule. Each of these sites is to be negotiated separately with Real Estate services, as was done with Nat Bailey Stadium and Firehall No. 18. This fee schedule will be used as a minimal indicator of the rental level and consideration will be given to the individual installation and market conditions. All staff time and costs incurred in negotiating the agreement and dealing with the installations will be charged. Additionally, where the site is on Park Board land, the Park Board will be the recipient of the rental fees and where the site is located on a Property Endowment Fund property, the fees will go to the Property Endowment Fund.

HEALTH & SAFETY INFORMATION

All telecommunications companies are licenced by Industry Canada and all telecommunications equipment must comply with Health Canada’s Safety Code 6. Safety Code 6 determines the maximum output levels of Electro-Magnetic Fields (EMF) allowed. This code is based on current scientific data and is considered one of the strictest in the world. EMF is emitted from all electrical devices including everyday items such as computers, televisions and overhead lights. It is also emitted from airport radar, police car radios and radio and television transmission towers.

Studies in Canada and other countries indicate there is no scientific or medical evidence that a person will experience adverse health effects from exposure to radiofrequency fields, provided that exposure is within the guidelines set out in Safety Code 6.

The carriers will indemnify the City against, among other things, actions due to health concerns and other reasons. The City will have the right to remove previously installed wireless equipment if future adjustments in safe exposure limits, as determined by Health Canada, are exceeded.

COMMENTS FROM THE MEDICAL HEALTH OFFICER

The Medical Health Officer concludes , as has Health Canada and the Radiation protection Branch, that in light of the current scientific understanding of the risks of RF exposures to the general public, the installation of cellular antennae in the community do not pose anadverse health risk and Safety Code 6 (revised) provides an appropriate level of protection. He has concluded that there is no public health benefit in practising prudent avoidance with respect to cellular phone transmission antennae. Research studies concluded to date have shown that electromagnetic fields surrounding a cellular transmitter site do not cause cancer or other adverse health effects in the population. A recent report by an Expert Panel for the Royal Society of Canada confirmed that safety Code 6 provides an adequate level of safety to the general public. Since the cellular and PCS signals (or electromagnetic radiation) that the general public is typically exposed to are so tiny and well below Health Canada’s Safety Code 6 allowable exposure levels, they pose no adverse health risk. The medical health officer will continue to stay current on the scientific knowledge around this issue and provide updates to decision-makers and the community when necessary.

Please see Appendix A for further information.

CONCLUSION

Staff recommend that Council allow installation of Clearnet Inc., Rogers Cantel Inc., Microcell Telecommunications Inc., and Telus Mobility antennae’s and repeaters to proceed subject to the execution of a Municipal Access Agreement to the satisfaction of the General Manager of Engineering Services, the Manager of Real Estate Services and the Director of Legal Services.

Note from Clerk: Appendix A not available in electronic form - on file in the Office of the City Clerk.


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