8-7-2: PURPOSE:
   A.   To establish policies and procedures for the placement of small wireless facilities within the City, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the City rights-of-way and the City as a whole;
   B.   To prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;
   C.   To prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;
   D.   To prevent interference with the facilities and operations of facilities lawfully located in rights-of-way;
   E.   To preserve the character of the neighborhoods in which facilities are installed;
   F.   To facilitate rapid deployment of small wireless facilities to provide the benefits of advanced wireless services;
   G.   To ensure City zoning regulations are applied consistently with Federal and State of New Mexico telecommunications laws, rules and regulations of the Federal Communications Commission (“FCC”) and controlling court decisions; and
   H.   To provide regulations which are specifically not intended to, and shall not be interpreted or applied to, (1) prohibit or effectively prohibit the provision of personal wireless services, (2) unreasonably discriminate among functionally equivalent service providers, or (3) regulate wireless communication facilities and wireless transmission equipment on the basis of the environmental effects of radio frequency emissions to the extent that such emissions comply with the standards established by the FCC. (Ord. C2021-5, 8-24-2021)