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RELEVANT LINKS: <br />Minn. Stat. § 237.162. <br />Minn. Stat. § 237.163. <br />Chapter 94, Art. 9, 2017 <br />Regular Session. <br />See Appendix A, Sample <br />Ordinances and Agreements. <br />See League FAQ on <br />Minnesota 2017 <br />Telecommunication Right of <br />Way User Amendments (July <br />2017). <br />See Appendix A, Sample <br />Ordinances and Agreements <br />Situational needs dictate when cell providers use small cell towers, as <br />opposed to DAS technology. Generally, cell providers install small cell <br />towers when they need to target specific indoor or outdoor areas like <br />stadiums, hospitals, or shopping malls. DAS technology, alternatively, uses a <br />small radio unit and an antenna (that directly link to an existing large cell <br />tower via fiber optics). Installation of a DAS often involves cell providers <br />using the fiber within existing utility structures to link to its larger cell tower. <br />Cities sometimes are asked to provide the power needed for the radios, <br />which the city can negotiate into the leasing agreement with the cell <br />provider. <br />A. Additional zoning and permitting needs under <br />state law <br />Historically, many cities' ordinances address large cell sites, but not small <br />cell towers or DAS. With the recent changes to state law, cities should work <br />with their city attorney to review their ordinances in consideration of the <br />new statutory permit process for the siting of small wireless facilities. <br />Cities can charge rent (up to a cap for small wireless siting) under the statute <br />for placement of cell technology or DAS on existing or newly installed <br />support structures, like poles or water towers; and, also, can enter into a <br />separate agreement to address issues not covered by state law or ordinance. <br />Cities should work with their city attorney to get assistance with drafting <br />these agreements and any additional documents, like a bill of sale (for <br />transfer of pole from carrier to city), if necessary. <br />The terms and conditions of these agreements, called collocation <br />agreements, for siting of small wireless facilities, most likely will mirror <br />agreements formerly referred to as master licensing agreements, often <br />including provisions such as: <br />• Definitions of scope of permitted uses. <br />• Establishment of right-of-way rental fee (note statutory limitations). <br />• Protection of city resources. <br />• Provision of contract term (note statutory limitations). <br />• Statement of general provisions. <br />• Maintenance and repair terms. <br />• Indemnity provisions. <br />• Insurance and casualty. <br />• Limitation of liability provision. <br />• Terms for removal. <br />League of Minnesota Cities Information Memo: 8/1/2017 <br />Cell Towers, Small Cell Technologies & Distributed Antenna Systems Page 7 <br />