The Boulder Planning Board voted 6‑0 April 1 to recommend that City Council adopt an ordinance amending parts of the Boulder Revised Code governing wireless communications facilities and small‑cell deployments.

The ordinance, staff said, is intended to align local rules with Federal Communications Commission rulings, clarify fees and application processes, and unify cross‑references in Title 4, Title 8 and Title 9 of the BRC. City planner Jeff Solomonson presented staff’s analysis and recommended the board forward the measure to council.

Jeff Solomonson, city planner, said the ordinance is “to amend title 4, title 8 chapter 6, title 9 chapter 6, title 9 chapter 16, to amend the standards for wireless communication facilities and small cell facilities.” He told the board the draft responds to a series of FCC decisions (2018–2020), the September 2018 FCC order on shot clocks and deemed approvals, later clarifications on tolling and substantial changes, the 2020 excavation/deployment interpretation, and state legislation adopted earlier to align with federal rules.

Solomonson said staff drafted the package partly because the recent transfer of streetlight ownership from Excel Energy to the city will increase opportunities for co‑location on municipal poles. He described revisions that (1) clarify which code sections apply to different facility types, (2) formalize fees and where they are charged, (3) define application completeness and the applicable shot‑clock timing, and (4) adopt federal size and mounting limits for small cells (federal guidance allows equipment enclosures up to 28 cubic feet for some micro‑facilities).

Board members pressed staff on several operational details. Solomonson and senior policy advisor Carl Geiler told the board staff believe only two small‑cell right‑of‑way permits have been issued in Boulder in the last five years, though larger macro cells and concealed antennas exist across the city. The code retains a 600‑foot separation standard for small cells in some contexts and includes tiered mounting‑height limits tied to adjacent zoning.

Kurt raised questions about the 30‑foot excavation/deployment allowance from the 2020 FCC interpretation. Solomonson said the rule means providers may need a 30‑foot footprint for utility connections to a base station without triggering a “substantial change” review, but installations still require applicable permits — for example, a revocable right‑of‑way permit and building/electrical permits — and are subject to engineering and ADA review.

Brandon Dittman, a telecommunications attorney consulting on the draft, told the board the “small cell facility” definition is dense because it mirrors federal definitions. “This small cell facility definition isn’t wieldy as it is, is, again, an artifact of the FCC’s regulations,” Dittman said, and added staff and counsel should confirm whether some redlined language belongs in the substantial‑change section rather than the small‑cell definition.

Board members also asked how the code treats siting with respect to sidewalks and planned public‑realm upgrades. Dittman and staff said providers are typically required to relocate or modify facilities at their cost if a public project (for example, sidewalk reconstruction) requires it, and engineering reviewers will evaluate clearance, ADA compliance and pedestrian impacts during administrative review. Staff said design standards require new poles to match existing streetlight color and finish when no co‑location is feasible.

After discussion and minor editorial concerns about wording and cross‑references, a board member moved that the Planning Board recommend council adopt the ordinance. Planning Board members voted by name: Laura — yes; Kurt — yes; Amel — yes; Claudia — yes; Mason Roberts — yes; and Mark McIntyre — yes, producing a 6‑0 recommendation.

The package will next go to City Council for consideration and any further amendment. Staff told the board they will revisit the language where board members found the small‑cell definition and cross‑references confusing before council review.