(A) Eligible facilities requests. This division (A) implements § 6409(a) of the Spectrum Act, 47 U.S.C. § 1455(a), as interpreted by the FCC in its Report and Order No. 14-153 and the FCC’s Declaratory Ruling and Third Report and Order released September 27, 2018, 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 60-day shot clock, tolling and the deemed granted remedy. Eligible facilities requests are subject to administrative review by the city.
(B) Small wireless facilities–collocation on existing structures. This division (B) implements the 60-day shot clock, which is contained in the FCC’s Declaratory Ruling and Third Report and Order released September 27, 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 60-day shot clock once upon timely notice of incompleteness, tolling, and available remedies.
(C) Small wireless facilities–construction (new structures). This division (C) implements the 90-day shot clock which is contained in the FCC’s Declaratory Ruling and Third Report and Order released September 27, 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 90-day shot clock once upon timely notice of incompleteness, tolling and available remedies.
(D) Collocation for other than small wireless facilities. This division (D) 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 90-day shot clock and tolling.
(E) New macro cell towers. This division (E) 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 macro cell tower applications including, but not limited to, application review, the 150-day shot clock and tolling.
(Ord. 736, passed 9-3-2019)