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A Resolution Approving a First Amendment to the License Agreement between Crown Castle NG Central LLC and the Village of Oak Park Dated February 25, 2019 and Authorizing its Execution
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Introduction
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In 2019 the Village entered into a license agreement with Crown Castle for the installation of small cell wireless equipment and their associated fiber optic and electrical facilities. The original agreement expired in 2025 and this amendment extends the agreement for an additional five years until 2029, as well as updating the terms of the agreement to be consistent with revised State Laws regulating small cellular equipment.
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Recommended Action
Adopt the Resolution.
Prior Board Action
The Board has taken the following prior actions:
• On February 19, 2019, the Board approved a License Agreement between Crown Castle NG Central LLC and the Village of Oak Park (RES 19-54)
• On July 23, 2018 the Board adopted an Ordinance providing for the regulation of and application for small wireless facilities by amending Chapter 22 (“Street and Sidewalks”) of the Oak Park Village Code to add a new Article 14 (“Small Wireless Facilities”) (ORD 18-393)
Background
In 2019, the Village entered into an agreement with Crown Castle for the installation of small cell wireless facilities, which is consistent with the state law known as the “Small Wireless Facilities Deployment Act” (Public Act No. 100-585), which went into effect on June 1, 2018, and the Village’s Ordinance. Per State and Federal laws, the Village cannot unduly deny permits and sets strict limits on any independent regulation of these facilities. In 2021 and in 2024, State law was amended to include the ability to require certifications that new or modified small wireless facility operates within all applicable U. S. Federal Communications Commission (FCC) standards and increased the amount that municipalities may charge for annual leases for small cell installations on Village equipment from $200 to $270 annually, among other things.
In 2025, the existing agreement with Crown Castle expired, and this renewal of the license agreement extends the agreement for a 5-year period to 2029 and revises the terms and conditions to be consistent with current state laws, including increasing the annual lease rate from $200 to $270 per year. There are currently five Crown Castle small cell locations within the Village, on Village light poles.
Timing Considerations
Adoption of the Resolution at this time will allow for the continued operation of these small cell installations per the requirements of state law and the collection of revenue from Crown Castle.
Budget Impact
The Village will receive $270 per installation annually for the term of the agreement.
Staffing Impact
There is no staffing impact associated with this item. The item aligns with the department’s core service delivery.
DEI Impact
There is no DEI impact associated with this item.
Community Input
There has been no community input given in relation to this item.
Staff Recommendation
Adopt the Resolution.
Advantages:
• Consistency with state law and generation of revenue.
Disadvantages:
• There are no disadvantages to this action.
Alternatives
Alternative 1:
The Board can delay to gain additional information.
Advantages:
• The Board can be presented with the requested information.
Disadvantages:
• Delays will impact pending permits and collection of revenues.
Anticipated Future Actions
Staff will present renewals for other existing small cell license agreements with other vendors at upcoming Board meetings as well as an amendment to the Village Ordinance regulating these facilities to make Village Code consistent with state law.
Prepared By: Bill McKenna, Assistant Public Works Director/Village Engineer
Reviewed By: Rob Sproule, Public Works Director
Approved By: Kevin J. Jackson, Village Manager
Attachment(s):
1. Resolution
2. Amendment Crown Castle
3. Crown Castle Agreement