A. Wireless communications facilities (“WCFs”) play an important role in meeting the communication needs of McMinnville’s citizens.

B. These sections provide supplemental regulations for deployment and installation of small wireless facilities (SWFs) within the public right-of-way, consistent with FCC requirements, including those in the FCC ruling issued on September 26, 2018.

C. These sections aim to balance the proliferation of and need for WCF with the importance of keeping McMinnville a livable and attractive city, consistent with city regulations for undergrounding utilities to the greatest extent possible.

D. In accordance with the guidelines and intent of federal law and the Telecommunications Act of 1996, these regulations are intended to: (1) protect and promote the public health, safety, and welfare of McMinnville citizens; (2) preserve neighborhood character and overall city-wide aesthetic quality; (3) encourage siting of WCF in locations and by means that minimize visible impact through careful site selection, design, configuration, screening, and camouflaging techniques.

E. Reference to “small wireless facilities (SWFs)” herein is construed to mean telecommunications facilities and associated equipment that meet the definition of small wireless facilities as stated in 47 CFR 1.6002(1).

F. If any provision of this code directly conflicts with state or federal law, where state or federal law preempts local law, then that provision of this code shall be deemed unenforceable, to the extent of the conflict, but the balance of the code shall remain in full force and effect.

G. Nothing contained in this section shall be construed in any way to waive or limit the city’s proprietary rights over its real and personal property, including without limitation any proprietary interest in the right-of-way. Thus, if it is determined the city has authority to exert greater rights or impose additional conditions or limitations beyond those set forth in this section, the city reserves the absolute right to do so, as it determines appropriate or necessary. (Ord. 5067 §1 (Exh. A (part)), 2019).