(A) The purpose of this chapter is to provide a comprehensive and uniform set of standards and procedures for the placement, design, installation and permitting of telecommunications facilities consistent with applicable federal and state requirements. The regulations contained herein are designed to protect and promote the public health, safety and welfare and aesthetic quality and character of the city as set forth in the goals, objectives and policies of the city's General Plan, while at the same time not unduly restricting the placement, design, installation and management of the telecommunications infrastructure within the city for the provision of advanced and competitive telecommunications services. This chapter is not intended to, and does not, regulate those aspects of telecommunications facilities that are governed by the Federal Communications Commission ("FCC"). To the extent that any provision of this chapter conflicts with any final adopted rules or regulations of the FCC, this chapter shall be implemented consistent with such rules and regulations of the FCC.
(B) The City Council finds that, typically, satellite antennas are larger in size, surface area and weight than other types of antennas used for telecommunications services. Because of the unique seismic activity and wind loadings prevalent in the region, satellite antennas mounted or braced on buildings, mounted on freestanding poles or mounted on roofs pose a unique threat to the structural safety of buildings and to the public in general. These threats necessitate careful attention to the location, height and method of installation in order to avoid injury to persons and property from fallen or windblown satellite antenna. In addition, other location restrictions and standards are necessary because satellite antennas, depending on their size, which are placed adjacent to public rights-of-way or locations accessible to the public, can create a tripping hazard, block views to create a visibility hazard for motorists and/or create an attractive nuisance.
(C) The City Council recognizes that under §§ 101 and 207 of the 1996 Telecommunications Act (47 USC § 253), the FCC has partially preempted local regulation of satellite antennas and receive-only antennas (47 CFR § 1.4000). The federal limitations on local regulation of small and medium size satellite antennas and receive-only antennas are set forth in § 17.65.040, with permissible conditions and limitations imposed to reduce the safety risks identified in this section. In addition, where the city is authorized by federal law and this chapter to exercise discretion in regulating satellite antennas, such regulatory decisions must have a reasonable and clearly defined health, safety and aesthetic objective, may not materially limit reception of telecommunications services, may not impose excessive costs on the users of satellite antennas in relationship to the purchase and installation cost and may not create unfair competition among telecommunication services providers.
(D) The City Council finds that the regulations and design standards set forth in this chapter are necessary to protect the public health, safety, welfare and aesthetic interests and the enforcement thereof will not result in the imposition of excessive costs on users of satellite antennas in relationship to the purchase and installation cost. The City Council finds, further, that these regulations and design standards neither materially limit a person's ability to receive telecommunications services nor create unfair competition among telecommunications service providers.
(E) The City Council recognizes that § 704 of the 1996 Telecommunications Act (47 USC 332(c)) preempts local regulation of the placement, construction and modification of telecommunications facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the applicable FCC regulations.
(F) The provisions of this chapter, in particular § 17.65.065, are intended to comply with Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 USC § 1455) and the FCC Rule on Acceleration of Broadband Deployment by Improving Wireless Facilities Site Policies (47 CFR § 1.40001).
(G) The provisions of this chapter are not intended and shall not be interpreted to prohibit or to have the effect of prohibiting telecommunications services. This chapter shall not be applied in such a manner as to unreasonably discriminate among providers of functionally equivalent telecommunications services.
(H) To the extent that any provision of this chapter is inconsistent or conflicts with any other city ordinance or provision of the code, this chapter shall control; otherwise, this chapter shall be construed consistently with the provisions and regulations of the city.
(`78 Code, § 17.65.010.) (Ord. 3200 § 3 (part), 2015; Ord. 3195 § 2 (part), 2015; Ord. 2891 § 1 (part), 2007; Ord. 2432 § 5 (part), 1999.)