(A) Every wireless provider who wishes to collocate a small wireless facility or install or replace a utility pole in or outside of the right-of-way or modify an existing small wireless facility or utility pole in or outside the right-of-way must obtain a permit from the city under this subchapter.
(B) A wireless provider’s permit application shall include the following:
(1) The applicant’s name, address, phone number, email address, and a list of all duly authorized agents acting on behalf of the applicant.
(2) A general description of the proposed small wireless facility and associated pole, if applicable.
(3) Construction and engineering drawings and information demonstrating compliance with state law and this subchapter, including a structural analysis of the pole where the applicant proposes to install the small wireless facility.
(4) An attestation that the small wireless facilities will be operational for use by a wireless provider within one year after the permit issuance date, unless the city and the applicant agree to extend the period or delay is caused by lack of commercial power or communications transport facilities to the site.
(5) An attestation that the small wireless facility will comply with FCC regulations concerning (i) radiofrequency emissions from radio transmitters and (ii) unacceptable interference with the public safety spectrum and CII spectrum, including compliance with the abatement and resolution procedures for interference with the public safety spectrum and CII spectrum established by the FCC set forth in 47 C.F.R. §§ 22.970 through 22.973 and 47 C.F.R. §§ 90.672 through 90.675.
(6) Proof that the applicant maintains property insurance for its property’s replacement cost against all risks, workers’ compensation insurance as required by law, and commercial general liability insurance with respect to its activities on the city’s improvements or rights-of-way of not less than $1,000,000 of coverage for damages, including bodily injury and property damage. The commercial general liability policy shall include the city as an additional insured party, and the wireless provider shall provide certification and documentation of such; except that if a wireless provider chooses to self-insure, the wireless provider does not have to name the city as an additional insured party, but shall provide to the city evidence sufficient to demonstrate its financial ability to self-insure the same coverage and limits required herein.
(7) An attestation that the applicant will provide a bond, escrow deposit, letter of credit, or other financial surety in an amount required by the city to ensure removal of abandoned or unused wireless facilities or damage to the right-of-way or the city property caused by the applicant or its agents, as set by the city, prior to beginning any installation.
(8) The appropriate fees, as further explained in division (D) below.
(9) An attestation that the applicant will notify the city and call the West Virginia 811 “Call Before You Dig” Hotline in order to locate all underground utilities at least 72 hours before making any excavation.
(C) A wireless provider that seeks to use a city utility pole shall provide the following additional information in its permit application:
(1) The additional wind load that the wireless facility adds to the pole.
(2) A description of how the wireless provider will provide power to the small wireless facility.
(3) A description of how the small wireless facility would attach to the pole, including whether it would involve drilling holes into the pole or attaching bands to the pole.
(4) Whether there will be additional wire in the pole.
(5) An attestation that the small wireless facility will meet all clearance requirements if it is over the roadway.
(6) An attestation that the small wireless facility will not interfere with any other equipment signals on city utility poles.
(D) Fees. A wireless provider’s permit application shall be accompanied with the following fees:
(1) Two hundred dollars for the collocation of each small wireless facility on an existing utility pole for the first five poles in the same application, followed by $100 for each small wireless facility thereafter in the same application.
(2) Two hundred and fifty dollars for the proposed installation, modification, or replacement of a utility pole and the collocation of an associated small wireless facility that is a permitted use.
(3) One thousand dollars for the proposed installation, modification, or replacement of a utility pole and the collocation of an associated small wireless facility that is not a permitted use.
(E) Exemptions. The city shall not require an additional application, approval, or permit, or require any fees or other charges from a wireless provider authorized to occupy the right-of-way, for the following:
(1) Routine maintenance;
(2) The replacement of wireless facilities with wireless facilities that are substantially similar, the same size, or smaller; or
(3) The installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on existing cables that are strung between existing utility poles in compliance with applicable safety codes and the pole owner’s construction standards and engineering practices.
(Ord. 301, passed 8-18-2022) Penalty, see § 152.999