A. Eligible Facilities Requests: This division implements section 6409(a) of the Spectrum Act, 47 U.S.C. § 1455(a), interpreted by the FCC in its Report and Order No. 14-153, which requires a state or local government to approve any eligible facilities request for a modification of an existing tower or base station that does not result in a substantial change to the physical dimensions of such tower or base station. Eligible facilities requests shall be governed by the provisions of federal law including, but not limited to, application review, the sixty (60) day shot clock, tolling and the deemed granted remedy. Eligible facilities requests are subject to Town Council by the Town.
B. Small Wireless Facilities - Collocation On Existing Structures: This division implements the sixty (60) day shot clock which is contained in the FCC's Declaratory Ruling and Third Report and Order adopted September 26, 2018, regarding the collocation of small wireless facilities on existing structures. These requests shall be governed by the provisions of federal law including, but not limited to, application review and incompleteness, resetting of the sixty (60) day shot clock once upon timely notice of incompleteness, tolling and available remedies.
C. Small Wireless Facilities - Construction (New Structures): This division implements the ninety (90) day shot clock which is contained in the FCC's Declaratory Ruling and Third Report and Order adopted September 26, 2018, regarding the construction of small wireless facilities on a new structure. These requests shall be governed by the provisions of federal law including, but not limited to, application review and incompleteness, resetting of the ninety (90) day shot clock once upon timely notice of incompleteness, tolling and available remedies.
D. Collocation For Other Than Small Wireless Facilities: This division implements, in part, 47 U.S.C. § 332(c)(7) of the Federal Communications Act of 1934, as amended, as interpreted by the FCC regarding collocation applications for other than small wireless facilities including, but not limited to, application review, the ninety (90) day shot clock and tolling.
E. New Sites Or Towers: This division implements, in part, 47 U.S.C. § 332(c)(7) of the Federal Communications Act of 1934, as amended, as interpreted by the FCC regarding new site or tower applications including, but not limited to, application review, the one hundred fifty (150) day shot clock and tolling. (Ord. 2019-002, 5-7-2019)