(A) (1) A wireless provider shall install small wireless facilities of the type and frequency that will not cause unacceptable interference with a public safety agency’s communications equipment. The wireless provider’s operation of the small wireless facilities shall not interfere with the frequencies used by a public safety agency for public safety communications.
(2) Unacceptable interference will be determined by and measured in accordance with industry standards and the FCC’s regulations addressing unacceptable interference to public safety spectrum or any other spectrum licensed by a public safety agency.
(3) If a small wireless facility causes such interference, and the wireless provider has been given written notice of the interference by the village or public safety agency, the wireless provider, at its own expense, shall remedy the interference in a manner consistent with the abatement and resolution procedures for interference with public safety spectrum established by the FCC including 47 C.F.R. §§ 22.970 through 47 C.F.R. § 22.973 and 47 C.F.R. § 90.672 through 47 C.F.R. § 90.675.
(4) The village may terminate a permit for a small wireless facility based on such interference if the wireless provider is not in compliance with the Code of Federal Regulations cited above. The burden to establish the good faith effort shall be on the wireless provider which shall timely deliver to
the village all information necessary to determine its efforts to resolve the interference consistent with the sections of the Codes of Federal Regulations cited above. Failure to remedy the problem as required herein shall constitute a public nuisance and violation of this section subjecting the wireless provider to injunctive relief as well as fines consistent with the Village Code of Ordinances.
(B) The wireless provider shall comply with requirements that are imposed by a contract between the village and a private property owner that concern design or construction standards applicable to utility poles, wireless support structures; and ground-mounted equipment located in the right-of-way, such as planned unit development agreements, subdivision improvement agreements and annexation agreements.
(C) The wireless provider shall comply with spacing requirements in applicable codes and ordinances concerning the location of ground-mounted equipment located in the right-of-way. Ground mounted Facilities as defined in Chapter 158 of the Diamond Code of Ordinances in the right-of-way shall not be considered a small wireless facility and shall comply with the requirements of Chapter 158.
(D) The wireless provider shall comply with local code provisions or regulations concerning undergrounding requirements that prohibit the installation of new utility pole or the modification of existing utility poles in a right-of-way unless it complies with the village’s design standards. If a permit is denied based on a conclusion that the proposed design does not comply with this chapter, an applicant may appeal to the Village Board following the procedures and standards set forth in § 160.18.
(E) The wireless provider shall comply with generally applicable standards adopted by the village that are consistent with the Act pertaining to construction and public safety in the rights-of-way and Chapter 158 of the Village Code of Ordinances, including, but not limited to reasonable and nondiscriminatory wiring and cabling requirements, grounding requirements, utility pole extension requirements and signage limitations; and shall comply with reasonable nondiscriminatory requirements that are in the Act and adopted by the Village regulating the location, size, surface area and height of small wireless facilities, or the abandonment and removal of small wireless facilities.
(F) (1) The wireless provider shall not collocate small wireless facilities on village utility poles that are part of an electric distribution or transmission system within the communication worker safety zone of the pole or the electric supply zone of the utility pole.
(2) However, the antenna and support equipment of the small wireless facility may be located in the communications space on the village utility pole and on the top of the utility pole, if not otherwise unavailable, if the wireless provider complies with applicable codes for work involving the top of the utility pole.
(3) For purposes of this subparagraph, the terms COMMUNICATIONS SPACE, COMMUNICATION WORKER SAFETY ZONE, and ELECTRIC SUPPLY ZONE have the meanings
given to those terms in the National Electric Safety Code as published by the Institute of Electrical and Electronics Engineers.
(G) For small wireless facilities installations on village traffic signals or traffic lighting poles, the wireless provider shall accept all maintenance responsibility of the village’s traffic signal or street lighting equipment for the duration of the installation activity. The transfer of protection, operation and maintenance shall be to a qualified contractor that is prequalified by I DOT in the electrical category. All traffic signal maintenance activity shall be completed by personnel certified by IMSA as a Level II Traffic Signal Technician. Any subsequent routine maintenance and/or modification to the wireless telecommunications facility may require a maintenance transfer of the village’s traffic signal or lighting equipment at the discretion of Village Engineer.
(H) The wireless provider shall comply with all applicable codes and local code provisions or regulations that concern public safety.
(I) The wireless provider shall comply with written design standards that are generally applicable for decorative utility poles, or reasonable stealth, concealment and aesthetic requirements set forth in § 160.20 of this chapter.
(J) Subject to the subsection titled permitted use, and except for facilities excluded from evaluation for effects on historic properties under 47 C.F.R. § 1.1307(a)(4), the village requires reasonable, technically feasible and nondiscriminatory design or concealment measures for historic landmarks.
(K) Any such design or concealment measures, Including restrictions on a specific category of poles, may not have the effect of prohibiting any provider’s technology. Such design and concealment measures shall not be considered a part of the small wireless facility for purposes of the size restrictions of a small wireless facility. Any applicant who maintains that the design standards prohibit its technology may apply for a design standard variation and shall have the burden of providing legally competent evidence that the effect of the regulations is to prohibit that provider’s technology. Variation applications and procedures shall be consistent with § 160.18 of this chapter. The availability of small wireless facility concealment or design technology in the general marketplace, consistent with the standards set forth In § 160.20, shall be prima facia evidence that the design and concealment measures required by this section are commercially reasonable and do not prohibit a provider’s technology. The provider, however, shall have the right to refute the prima facia conclusion of reasonableness by clear and convincing evidence.
(Ord. 2018-12, passed 7-24-2018)