A. The administrative authority may issue utility permits to a utility to make excavations for the location of trouble in conduits or pipes, for making repairs thereto, or for emergency purposes. Utility permits shall be issued on an as requested basis.
B. Supplemental Telecommunication Facilities Encroachment Permit. The standards and regulations of this Section 15.54.050B shall apply to all telecommunication facilities as defined by the federal Telecommunications Act of 1996, the California Public Utilities Commission ("CPUC"), the California Government Code and the California Public Utilities Code (including but without limitation section 7901), which require a certificate of public convenience and necessity ("CPCN") or other license granted by the CPUC and are in addition to requirements found elsewhere in this chapter. For purposes of this section, "CPUC license" means a CPCN or Wireless Identification Number or other license which allows use of public right-of-way as granted by the CPUC.
The following provisions are applicable to any proposal to construct telecommunications facilities within the public rights-of-way:
1. The applicant shall apply for, and obtain, a supplemental telecommunication facilities encroachment permit in addition to any and all permits otherwise required by the municipal code.
2. In addition to any other permit submittal requirements, an applicant shall submit the following supplemental information:
a. A copy of the CPUC license, and a copy of the CPUC decision that authorizes the applicant to provide the telecommunications service for which the facilities are proposed to be constructed in the city's public rights-of-way;
b. A copy of the certified environmental document for the CPUC license, including all mitigation measures as required by the CPUC pursuant to the required environmental analysis. The city's issuance of a permit will be conditioned upon the applicant's compliance with all applicable mitigation measures and monitoring requirements imposed by the CPUC upon applicant. If no environmental determination has been made by the CPUC, the applicant shall submit any additional information required for the city to make such an environmental determination in compliance with the California Environmental Quality Act ("CEQA");
c. If the applicant has obtained a CPUC license to operate as a "competitive local exchange carrier," as defined by the Telecommunications Act of 1996, and is proposing a distributed antenna system the following additional requirements apply:
(i) The applicant shall file a supplemental application for wireless projects and distributed antenna system projects; and
(ii) The applicant shall provide a description of the type of construction and the location of each construction project proposed to be undertaken in the city during the calendar year in which the application is filed; and
(iii) If the applicant's proposed construction project will extend beyond the existing utility rights-of-way into undisturbed areas or other rights-of-way, the applicant shall establish that it has filed a petition with the CPUC to amend its license and that the proposed construction project has been subjected to a complete environmental analysis by the CPUC or the city and shall provide a copy of the environmental determination, including any mitigation measures.
3. A supplemental telecommunication facilities encroachment permit may be approved only if consistent with the scope of the CPUC license and the requirements of this chapter.
4. The city reserves all rights that it now possesses or may later acquire with respect to the regulation of any telecommunications facility that is provided, or proposed to be provided. These reserved rights may relate, without limitation, to the imposition of reasonable conditions in addition to or different from those set forth in this chapter, the exaction of a fee or other form of consideration or compensation for use of public rights-of-way, and related matters; provided, however, that such regulatory rights and authority will be consistent with federal and state law that is applicable to cable or telecommunications services provided by telephone corporations as defined by the Telecommunications Act of 1996.
5. The city engineer's approval of a supplemental telecommunication facilities encroachment permit for telecommunications facilities may be conditioned upon reasonable placement, operation and aesthetic restrictions so long as such conditions or restrictions do not violate the Telecommunications Act of 1996 or California law.
(Ord. 450 § 1, 2011; Ord. 264 § 1 (part), 2002)