(A) Eligible facilities requests. This division implements Section 6409(a) of the Spectrum Act, 47 U.S.C. Section 1455(a), interpreted by the FCC in its Report and Order No. 14-153, which requires a state or local government to approve any eligible facilities request for a modification of an existing tower or base station that does not result in a substantial change to the physical dimensions of such tower or base station. Eligible facilities requests shall be governed by the provisions of federal law including, but not limited to, application review, the 60-day shot clock, tolling and the deemed granted remedy. Eligible facilities requests are subject to administrative review by the municipality.
(B) Small wireless facilities - collocation on existing structures. This division implements the 60- day shot clock which is contained in the FCC's Declaratory Ruling and Third Report and Order released September 27, 2018, regarding the collocation of small wireless facilities on existing structures. These requests shall be governed by the provisions of federal law and the Act including, but not limited to, application review and incompleteness, restarting of the 60-day shot clock once upon the first finding of incompleteness, tolling (under federal law and the Act) and available remedies. The applicant may resubmit the completed application within 30 days without additional charge. Any subsequent review shall be limited to the specifically identified information subsequently completed except to the extent material changes have been made by the applicant, other than those required by the municipality, in which case a new application and application fee shall be submitted. The application processing deadline also may be tolled by agreement of the applicant and the municipality. The municipality may extend the application processing deadline under the Act for a single period of ten business days if the municipality notifies the applicant in advance before the day on which approval or denial is originally due. Upon mutual agreement between the applicant and the municipality, the municipality may extend the period for consideration of an application for 30 days under the Act. An application shall be processed on a nondiscriminatory basis and deemed approved if the municipality fails to timely approve or deny the application within 90 days after receipt of the application. The municipality may deny a proposed collocation of a small wireless facility or installation, modification, or replacement of a utility pole only in accordance with Sec. 37 of the Act.
(C) Small wireless facilities - construction (new structures). This division implements the 90-day shot clock which is contained in the FCC's Declaratory Ruling and Third Report and Order released September 27, 2018, regarding the construction of small wireless facilities on a new structure. These requests shall be governed by the provisions of federal law and the Act including, but not limited to, application review and incompleteness, restarting of the 90-day shot clock once upon the first finding of incompleteness, tolling (under federal law and the Act) and available remedies. The applicant may resubmit the completed application within thirty days without additional charge. Any subsequent review shall be limited to the specifically identified information subsequently completed except to the extent material changes have been made by the applicant, other than those required by the municipality, in which case a new application and application fee shall be submitted. The application processing deadline also may be tolled by agreement of the applicant and the municipality. The municipality may extend the application processing deadline for a single period of ten business days if the municipality notifies the applicant in advance before the day on which approval or denial is originally due. Upon mutual agreement between the applicant and the municipality, the municipality may extend the period for consideration of an application for 30 days. An application shall be processed on a nondiscriminatory basis and deemed approved if the municipality fails to timely approve or deny the application within 90 days after receipt of the application. The municipality may deny a proposed collocation of a small wireless facility or installation, modification, or replacement of a utility pole only in accordance with Sec. 37 of the Act.
(D) Collocation for other than small wireless facilities. This division implements, in part, 47 U.S.C. Section 332(c)(7) of the Federal Communications Act of 1934, as amended, as interpreted by the FCC regarding collocation applications for other than small wireless facilities including, but not limited to, application review, the 90-day shot clock and tolling.
(E) New macro cell towers. This division implements, in part, 47 U.S.C. Section 332(c)(7) of the Federal Communications Act of 1934, as amended, as interpreted by the FCC regarding new macro cell tower applications including, but not limited to, application review, the 150-day shot clock and tolling.
(Ord. 1096, passed 8-27-2019)