The policy of this section is to encourage collocation.
(A) Preference. An applicant who certifies in writing that the tower constructed will be suitable for collocating multiple providers of varying wireless technologies and, as a condition of zoning, executes a written agreement (collocation agreement) with the town on a form approved by the Town Attorney, consenting to application of the terms of this provision shall, unless waived by the applicant, receive preferential treatment for a final approval or rejection of its application after a complete and correct application, fee and all required documentation and information is filed.
(B) In addition to equipment proposed for the applicant's use, proposed antenna facilities, including concealed antennas, shall be designed to accommodate collocation for at least one additional wireless communications provider for every 30-foot segment of facility height, or portion thereof, over 30 feet. The Town Council may reduce the required shared capacity, if a facility necessary to provide for such collocation adversely alters the area's visual character.
(C) Collocation agreement. The collocation agreement shall provide for at least the following:
(1) The applicant shall accept for collocation any FCC licensed wireless communication provider (additional user) using any compatible technology on commercially reasonable terms, considering all of the factors a reasonable tower leasing company would deem relevant in entering into such an agreement;
(2) Any additional user seeking collocation shall submit specifications for its equipment and use (request) to the applicant and applicant shall, within 30 days thereafter, respond to the party in writing (response) furnishing all technical requirements that must be resolved before collocation;
(3) The applicant and the additional user shall, thereafter in good faith, attempt to resolve any technical or business terms. If, after 30 days from the response, the additional user believes the applicant has not negotiated in good faith, the additional user may submit, in writing, a request for arbitration to applicant and the American Arbitration Association, which shall designate a person knowledgeable in collocation of wireless communication carriers to act as arbitrator and decide all issues between the parties. This arbitration shall be held within 30 days of the request for arbitration. Upon the written agreement of both parties, a different procedure for binding dispute resolution may be used. The result of the arbitration or other resolution method agreed to by the parties shall be binding and non-appealable;
(4) If the arbitrator certifies in writing to the town that the applicant has failed to comply with the decision of the arbitrator within 15 days of its issuance by the arbitrator, the use permit or administrative approval for the wireless communication facility in question shall be terminated and the wireless communications facility shall be removed within 30 days of the date of the arbitrator's certification, failing which, the town shall have all of the remedies available to it for elimination of a use in violation of the zoning regulations;
(5) The additional party, upon submitting the request, shall become a third-party beneficiary to the collocation agreement;
(6) The town shall not be a party to any contract between the applicant and the additional party and shall not be a required party and shall not be made a party to any dispute or arbitration, and the applicant shall indemnify, defend and hold the town harmless from any cost, including reasonable attorney fees, associated with such matters; and
(7) A lease or other agreement containing the business terms proposed by the applicant for collocation shall be attached as an exhibit to the collocation agreement.
(Ord. § 605(H), passed 9-4-2008)