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File #: 2015-2338    Version:
Type: Ordinance Status: Passed Finally
File created: 12/4/2015 In control: Committee on Public Works
On agenda: 12/15/2015 Final action: 12/21/2015
Enactment date: 12/21/2015 Enactment #: 71
Effective date: 12/28/2015    
Title: Ordinance amending the Pittsburgh City Code, Title 4: Public Place and Property, Article II: Telecommunications, Chapter 427 - Telecommunications in the Public Rights-Of-Way; by amending language to Sections 427.01 through 427.18.
Sponsors: Theresa Kail-Smith
Indexes: PGH. CODE ORDINANCES TITLE 04 - PUBLIC PLACES
Attachments: 1. 2015-2338
Title
Ordinance amending the Pittsburgh City Code, Title 4: Public Place and Property, Article II: Telecommunications, Chapter 427 - Telecommunications in the Public Rights-Of-Way; by amending language to Sections 427.01 through 427.18.

Body
WHEREAS, the duties of managing and maintaining telecommunications users of the public rights-of-way were originally vested in the Department of City Information Services, and said Department is now the Department of Innovation and Performance; and

WHEREAS, the Department of Public Works will now assume the duties of managing and maintaining telecommunications users of the public rights-of-way; and

WHEREAS, in 1934, Congress enacted the Communications Act of 1934, creating the FCC and granting it authority over common carriers engaged in the provision of interstate or foreign communications services; and

WHEREAS, in 1996 Congress enacted Pub. L. No. 104-104, 110 Stat. 70 (the "1996 Act"), amending the Communications Act of 1934 and implementing regulations applicable to both wireless and wireline communications facilities for the purpose of removal of barriers to entry into the telecommunications market while preserving local government zoning authority except where specifically limited under the 1996 Act; and

WHEREAS, in the 1996 Act, Congress imposed substantive and procedural limitations on the traditional authority of state and local governments to regulate the location, construction, and modification of wireless facilities and incorporated those limitations into the Communications Act of 1934; and

WHEREAS, the City has adopted regulations that have been codified as part of the Pittsburgh City Code establishing local requirements for the location, construction, and modification of wireless facilities; and

WHEREAS, in 2012 Congress passed the "Middle Class Tax Relief and Job Creation Act of 2012" (the "Spectrum Act") (PL-112-96; codified at 47 U.S.C. ? 1455(a)); and

WHEREAS, Section 6409 ...

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