(A) Public safety space reservation. The city may reserve space on municipal utility poles for future public safety uses for the city’s electric utility uses or both, but a reservation of space may not preclude the collocation of a small wireless facility unless the city reasonably determines that the municipal utility pole cannot accommodate both uses.
(B) No interference with public safety communication frequencies. 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.
(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.
(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 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 22.973 and 47 C.F.R. §§ 90.672 through 90.675.
(4) The city 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 in division (B)(3) above. Failure to remedy the interference, as required herein, shall constitute a public nuisance.
(C) Collocation on electric distribution and transmission system. The wireless provider shall not collocate small wireless facilities on city 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 pole.
(1) However, the antenna and support equipment of the small wireless facility may be located in the communications space on the city utility pole and on the top of the pole, if not otherwise unavailable, if the wireless provider complies with applicable codes for work involving the top of the pole.
(2) For purposes of this section, the terms COMMUNICATIONS SPACE, COMMUNICATION WORKER SAFETY ZONE, and ELECTRIC SUPPLY ZONE have the meanings given to those terms in the National Electrical Safety Code, as published by the Institute of Electrical and Electronics Engineers.
(D) Compliance. The wireless provider shall comply with all applicable codes and local code provisions or regulations that concern public safety.
(Ord. 6 (Series 2018-2019), passed 7-16-2018) Penalty, see § 10.99