712.05 APPLICATION REVIEW TIMEFRAMES AND PROCESS.
(a) Permit Application Review Timeframes.
(1) Eligible Facilities Request. Notwithstanding Sections 4939.01 to 4939.037 of the Ohio Revised Code, the City shall grant or deny its consent for an Eligible Facilities Request under 47 C.F.R. 1.40001 not later than sixty (60) days after the date of filing by an entity of a completed application.
(2) Collocation with Substantial Modifications. The City shall grant or deny its consent for requests to collocate, or to replace or modify a small cell facility on an existing wireless support structure where substantial modifications are required to the wireless support structure not later than ninety (90) days after the date of filing by a person of a completed application.
(3) New Wireless Support Structure. The City shall grant or deny its consent for requests to construct, modify, or replace a wireless support structure associated with a small cell facility not later than one hundred twenty days following the date of filing of a complete application by an entity.
(4) Wireless Support Structure Removal. The City shall grant or deny its consent for requests to remove wireless support structures associated with small cell facilities from the right-of-way typical to the review timeframes for the Non-Residential Right-of-Way Permit required for this activity.
(b) Failure to Grant or Deny Within Prescribed Timeframes. If the City fails to approve or deny a request for consent under this Section or a request for a relevant work permit within the required time period, provided the time period is not tolled under §712.05(D), the request shall be deemed granted upon the requesting entity providing notice to the City that the time period for acting on the request has lapsed.
(c) Application Denials.
(1) The City shall not unreasonably withhold or deny consent for small cell facilities and wireless support structures within the right-of-way.
(2) If a request for consent is denied, the City shall provide in writing its reasons for denying the request, supported by substantial, competent evidence, and such information as the applicant may reasonably request to obtain consent. The denial of consent shall not unreasonably discriminate against the entity requesting the consent.
(3) Except in the case of a public utility subject to the jurisdiction and recognized on the rolls of the public utilities commission or of a cable operator possessing a valid franchise awarded pursuant to the "Cable Communications Policy Act of 1984," 98 Stat. 2779,47 U.S.C.A. 541, the City, for good cause shown, may withhold, deny, or delay its consent to any person based upon the person's failure to possess the financial, technical, and managerial resources necessary to protect the public health, safety, and welfare.
(d) Tolling of Required Timeframes.
A. By mutual agreement between the entity requesting consent and the City;
B. In cases where the City determines that the application is incomplete; or
C. If the number of requests for consent for small cell facilities or wireless support structures received is likely to result in difficulty processing applications within the time limits set forth in Section 712.05(a) due to the lack of resources of the City, then the City may toll the time limits as follows:
1. The time period may be tolled for up to twenty-one (21) days for the first fifteen (15) small cell facility or wireless support structure requests received by the City above the thresholds provided in the Table below within any consecutive thirty (30) day period:
Population of City at time Small Cell Facility or Wireless Support Structure Applications are received: | Number of Applications: |
30,000 persons or fewer | 15 or more |
30,001 to 40,000 persons | 20 or more |
40,001 to 50,000 persons | 25 or more |
50,001 to 60,000 persons | 30 or more |
60,001 to 100,000 persons | 60 or more |
2. Further, for every additional fifteen (15) requests that the City receives above the thresholds provided in the Table above the City may toll the time period for those requests for up to fifteen (15) days in addition to the time period provided in subsection (d)C.1. hereof.
3. In no instance shall the City toll the time period for any small cell facility or wireless support structure request by more than ninety consecutive days. Upon request, the City shall provide an operator written notice of the time limit for a small cell facility or wireless support structure request.
(2) To toll the time period for incompleteness, the City shall provide written notice to the person requesting consent not later than thirty (30) days after receiving the request, clearly and specifically delineating all missing documents or information. The missing documents or information shall be reasonably related to determining whether the request meets the requirements of applicable federal and state law. Any notice of incompleteness requiring other information or documentation, including information of the type described in Section 4939.0313 of the Revised Code or documentation intended to illustrate the need for the request or to justify the business decision for the request, does not toll the time period.
(3) The time period for granting or denying consent resumes when the entity makes a supplemental submission in response to the City's notice of incompleteness.
(4) If a supplemental submission is inadequate, the City shall notify the entity not later than ten (10) days after receiving the supplemental submission that the supplemental submission did not provide the information identified in the original notice delineating missing documents or information. The time period may be tolled in the case of second or subsequent notices under the procedures identified in subsections (d)(1) to (3) hereof. Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.
(e) Timeframe for Completion of Permit.
(1) Permits granted for an Eligible Facilities Request, Collocation with Substantial Modifications and New Wireless Support Structure shall be completed by the operator or its agent within one hundred eighty (180) days after issuance of the permit, unless:
A. The City and the operator agree to extend this period; or
B. A delay is caused by make-ready work for a City-owned wireless support structure or decorative pole or by the lack of commercial power or backhaul availability at the site, provided that:
1. The operator has made a timely request within sixty days after the issuance of the permit for commercial power or backhaul services; and
2. The additional time to complete installation does not exceed three hundred sixty (360) days after issuance of the permit.
(2) If subsections (1)A. and B. hereof cannot be met, the permit shall be void unless the City grants an extension in writing to the operator.
(f) Consolidated Application for Multiple Small Cell Facilities And/or Support Structures.
(1) Applicants seeking to construct, modify, collocate, or replace more than one small cell facility or more than one wireless support structure may file at the applicants discretion, a consolidated application for up to 30 small cell facility requests or up to 30 wireless support structure requests in a single application and receive a single permit for the construction, modification, collocation, or replacement of the small cell facilities or wireless support structures subject to the following:
A. This single application may be filed for multiple small cell facilities or multiple wireless support structures only if they are of substantially the same type.
B. The City may separately address small cell facility collocations or wireless support structures for which incomplete information has been received or which are denied.
(2) In the case of a consolidated application, the fees provided for in Section 4939.0316 of the Ohio Revised Code and by the City may be cumulative. However, the City may, at its discretion, opt to reduce such fees in order to encourage consolidated application submittals.
(3) In the case of a consolidated application, each small cell facility or wireless support structure proposed to be constructed, modified, collocated on, or replaced shall constitute a separate request for consent for purposes of tolling the response deadline as authorized under Section 4939.036 of the Ohio Revised Code. A request by a single operator for a new or replacement support structure and associated small cell facility constitutes one request.
(g) Small Cell and Wireless Support Structure Activities Not Requiring Consent.
(1) City consent shall not be required for either of the following activities conducted in the right-of- way:
A. Routine maintenance of wireless facilities;
B. The replacement of wireless facilities with wireless facilities that are consistent with the City's current design requirements and guidelines and that are either:
1. Substantially similar to the existing wireless facilities; or
2. The same size or smaller than the existing wireless facilities.
(2) The City may require a Non-Residential Right-of-Way Permit for any activity described in subsection (g)(1) hereof and for any activity for which consent is authorized herein and under Section 4939.031 of the Ohio Revised Code. Any such permit shall be subject to any applicable State law.
(3) Notwithstanding the amendments made to Sections 4939.01 to 4939.09 of the Ohio Revised Code by H.B. 478 of the 132nd General Assembly, a cable or video service provider shall not be required to obtain permits from the City or to pay fees, with the exception of work permits and associated fees, to place, operate, maintain, or replace micro wireless facilities pursuant to an existing franchise or video service authorization under Chapter 1332 of the Ohio Revised Code; nor shall a holder of an existing franchise or video service authorization be required to obtain additional authorizations or to pay additional fees for the placement of micro wireless facilities already covered under an existing franchise or video service authorization under Chapter 1332 of the Ohio Revised Code. (Ord. 83-2018. Passed 9-27-18.)