The following shall be exempt from this subchapter:
(A) The city’s fire, police, Department of Transportation or other public service facilities owned and operated by the local government;
(B) Any facilities expressly exempt from the city’s siting, building and permitting authority;
(C) Over-the-air reception devices including the reception antennas for direct broadcast satellites (DBS), multichannel multipoint distribution (wireless cable) providers (MMDS), television broadcast stations (TVBS) and other customer-end antennas that receive and transmit fixed wireless signals that are primarily used for reception;
(D) Facilities exclusively for private, non-commercial radio and television reception and private citizen’s bands, licensed amateur radio and other similar non-commercial telecommunications;
(E) Facilities used exclusively for providing unlicensed spread spectrum technology (e.g., Bluetooth or a ‘Hot Spot’) where the facility does not require a new tower, where the service is not to be used for commercial purposes, where there is no fee or charge for the use of the service and where the service is intended to be useable for less than 200 feet; and
(F) Small wireless facilities located in a right-of-way. Said right-of-way shall be deemed governed by the provisions of Neb. Rev. Stat. §§ 86-1201 through 86-1244 known as the Small Wireless Facilities Deployment Act, and by this subchapter and §§ 151.065 through 151.074, 151.085 through 151.093, 151.105 through 151.108, 151.120 through 151.123, 151.135 through 151.142 and 151.155 through 151.159.
(Ord. 23-09, passed 8-21-2023)