(A) Permit required. Except as otherwise provided in Tex. Local Gov't Code, Chapter 284, a network provider shall obtain one or more permits from the city to install a network node, node support pole, or transport facility in a city public right-of-way.
(B) Consolidated permit application. A network provider requesting to install or collocate multiple network nodes inside the municipal limits of the city may file a consolidated permit application with the city for not more than 30 network nodes, and upon payment of the applicable fee(s), receive a permit or permits for the installation or collocation of those network nodes.
(C) Required information. The network provider shall provide the following information in its permit applications:
(1) Applicable construction and engineering drawings and information to confirm that the applicant will comply with the city's design manual and applicable codes;
(2) Any additional information reasonably related to the network provider's use of the public rights-of-way to ensure compliance with the design manual, this subchapter, the right-of-way management ordinance and Tex. Local Gov't Code, Chapter 284;
(3) A certificate that the network node(s) complies with applicable regulations of the Federal Communications Commission;
(4) Certification that the proposed network node(s) will be placed into active commercial service by or for the network provider not later than the 60th day after the date of construction and final testing of each network node is completed;
(5) A certificate of insurance that provides that the network provider and its contractor has at least $1,000,000 in general liability coverage; and
(6) An email address of the contact person for network provider with whom city may communicate regarding the application.
(D) As provided in Tex. Local Gov't Code, § 284.157, a network provider is not required to apply, obtain a permit, or pay a rate to the city for:
(1) Routine maintenance that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way;
(2) Replacing or upgrading a network node or network pole with a node or pole that is substantially similar (as set forth in Division (E) of this section), in size or smaller and that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way; or
(3) The installation, placement, maintenance, operation, or replacement of micro network nodes that are strung on cables between existing poles or node support poles in compliance with the National Electrical Safety Code.
(4) Notwithstanding the provisions of this division:
(a) The network provider or its contractors shall notify the city at least 24 hours in advance of work described in division (D);
(b) The network provider may replace or upgrade a pole only with the approval of the pole's owner; and
(c) The size limitations may not in any event exceed the parameters prescribed by Tex. Local Gov't Code, § 284.003 without the city's approval in accordance with Tex. Local Gov't Code, § 284.109, with the city acting on behalf of the State of Texas as fiduciary trustee of public property.
(E) Substantially similar node or pole. A network node or pole is considered to be "substantially similar" if:
(1) The new or upgraded network node, including the antenna or other equipment element, will not be more than 10% larger than the existing node, provided that the increase may not result in the node exceeding the size limitations provided by Tex. Local Gov't Code, § 284.003;
(2) The new or upgraded pole will not be more than 10% higher than the existing pole, provided that the increase may not result in the pole exceeding the applicable height limitations prescribed by Tex. Local Gov't Code, § 284.103;
(3) The replacement or upgrade does not include replacement of an existing node support pole; and
(4) The replacement or upgrade des not defeat existing concealment elements of a node support pole.
(F) Measurement. The determination of whether a replacement or upgrade is substantially similar for purposes of divisions (E)(l) and (E)(2) of this section is made by measuring from the dimensions of the network node or node support pole as approved by the city.
(G) Height and distance limitations; exception. Subject to Tex. Local Gov't Code, Chapter 284(D), a network provider may only construct, modify, or maintain in a public right-of-way a network node or node support pole that exceeds the height or distance limitations prescribed by Tex. Local Gov't Code, Chapter 284 if the city approves the construction, modification, or maintenance subject to all applicable zoning or land use regulations, the design manual and applicable codes.
(Ord. 170822A, passed 8-22-2017)