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For use in this chapter the following terms are defined:
1. “Antenna” means a device, dish or array used to transmit or receive telecommunications signals.
2. “Communications tower” means a tower, pole, or similar structure which supports a telecommunications antenna operated for commercial purposes above ground in a fixed location, free standing, guyed or on a building.
3. “Height” of a communications tower is the distance from the base of the tower to the top of the structure.
4. “Telecommunications” means the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.
The Telecommunications Act of 1996 prohibits the City from establishing policies that discriminate against one or a group of providers in favor of another or another group of providers or potential providers. The following objectives shall be applied consistently to all telecommunications providers that request a location on City property for their communications towers and antennas.
1. To minimize the overall number of towers located in the City, providers may be required to participate in collocation agreements.
2. To ensure that new towers will be safe and blend into their environment, providers will propose designs consistent with site characteristics.
3. To minimize placement of wireless equipment in highly populated areas, residential locations will be considered as a last resort.
4. To assure revenues from site leases of City-owned and City-controlled land and structures reflects fair compensation for use of City property and administration of this chapter.
1. Priority. Priority of the use of City-owned land for communications antennas and towers will be given to the following entities in descending order of priority:
A. All functions of the City.
B. Public safety agencies that are not a part of the City, including law enforcement, fire and ambulance services, and private entities with a public safety agreement with the City.
C. Other governmental agencies for uses which are not related to public safety.
D. Entities providing licensed commercial communications services, including cellular, personal communications services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services that are marketed to the general public for business and/or personal use.
2. Placement. The placement of communications antennas or towers on City-owned property must comply with the following requirements:
A. The antenna or tower will not interfere with the purpose for which the City-owned property is intended.
B. The antenna or tower will have no adverse impact on surrounding private property.
C. The applicant will produce proof of adequate liability insurance for potential damage antennas or towers could reasonably cause to City property and facilities and commit to a lease agreement which includes equitable compensation for the use of public land and other necessary provisions and safeguards. The fee shall be established by the Council (Section 161.10) and shall reflect potential expenses and risks to the City and other appropriate factors.
D. The applicant will submit a letter of credit, performance bond, or other security acceptable to the City to cover the cost of antenna or tower removal.
E. The antennas or towers will not interfere with other uses which have a higher priority as discussed in the paragraphs above.
F. Upon reasonable notice, the antennas or towers may be required to be removed at the user’s expense.
G. The applicant must reimburse the City for any costs which it incurs because of the presence of the applicant’s antenna or tower.
H. The user must obtain all necessary land use approval.
I. The applicant will cooperate with the City’s objective to promote collocations and thus limit the number of separate antenna sites requested.
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