(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) Installation and maintenance. The wireless provider shall install, maintain, repair and modify its small wireless facilities in safe condition and good repair and in compliance with the requirements and conditions of this subchapter. The wireless provider shall ensure that its employees, agents or contractors that perform work in connection with its small wireless facilities are adequately trained and skilled in accordance with all applicable industry and governmental standards and regulations. The wireless provider shall maintain each small wireless facility or small wireless support structure under its control to the standards imposed by the city under this subchapter at the time of the granting of its permit. Such maintenance shall include, but shall not be limited to, maintenance of the paint, structural integrity, and landscaping. If the small wireless provider fails to maintain the small wireless facility or small wireless support structure, the city may undertake the maintenance at the expense of the small wireless provider, or terminate the provider's permit at the city's sole option.
(C) No interference with public safety communication frequencies.
(1) 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.
(2) 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.
(3) 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.
(4) 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 CFR 22.970 through 47 CFR 22.973 and 47 CFR 90.672 through 47 CFR 90.675.
(5) 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 the previous division. Failure to remedy the interference as required herein shall constitute a public nuisance.
(D) (1) 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.
(2) 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.
(3) For purposes of this division, the terms COMMUNICATIONS SPACE, COMMUNICATION WORKER SAFETY ZONE and ELECTRIC SUPPLY ZONE have the meanings given to those terms in the National Electric Safety Code as published by the Institute of Electrical and Electronics Engineers.
(E) The wireless provider shall comply with all applicable codes and local code provisions or regulations that concern public safety.
(F) The wireless provider shall comply with generally applicable written stealth, concealment and aesthetic standards that are set forth in § 95.112 of this subchapter.
(G) Alternate placements.
(1) Except as provided in this section, a wireless provider shall not be required to collocate small wireless facilities on any specific utility pole, or category of utility poles or be required to collocate multiple antenna systems on a single utility pole. However, with respect to an application for the collocation of a small wireless facility associated with a new utility pole, the city may propose that the small wireless facility be collocated on an existing utility pole or existing wireless support structure within 100 feet of the proposed collocation, which the applicant shall accept if it has the right to use the alternate structure on reasonable terms and conditions, and the alternate location and structure does not impose technical limits or additional material costs as determined by the applicant.
(2) If the applicant refuses a collocation proposed by the city, the applicant shall provide written certification describing the property rights, technical limits or material cost reasons the alternate location does not satisfy the criteria in this division.
(H) Height limitations.
(1) The maximum height of a small wireless facility shall be no more than ten feet above the utility pole or wireless support structure on which the small wireless facility is collocated.
(2) New or replacement utility poles or wireless support structures on which small wireless facilities are collocated may not exceed the higher of:
(a) Ten feet in height above the tallest existing utility pole, other than a utility pole supporting only wireless facilities, that is in place on the date the application is submitted to the city, that is located within 300 feet of the new or replacement utility pole or wireless support structure and that is in the same right-of-way within the jurisdictional boundary of the city, provided the city may designate which intersecting right-of-way within 300 feet of the proposed utility pole or wireless support structures shall control the height limitation for such facility; or
(b) Forty-five (45) feet above ground level.
(I) Height exceptions. If an applicant proposes a height for a new or replacement pole in excess of the above height limitations on which the small wireless facility is proposed for collocation, the applicant shall apply for a variation in conformance with procedures, terms and conditions set forth in § 156.23.
(J) Contractual design requirements. The wireless provider shall comply with requirements that are imposed by a contract between the city and a private property owner that concern design or construction standards applicable to utility poles and ground-mounted equipment located in the right-of-way.
(K) Ground-mounted equipment apacing. The wireless provider shall comply with § 95.43 concerning the location of ground-mounted equipment located in the right-of-way. If an applicant proposes a facility to be located in the public right-of-way which would not comply the requirements of § 95.43, the applicant shall apply for a variation in conformance with procedures, terms and conditions set forth in § 156.23.
(L) Undergrounding regulations. The wireless provider shall comply with § 95.43 Illinois, concerning the location of facilities in the right-of-way and prohibiting certain above-ground facilities. If an applicant proposes an above-ground facility to be located in the public right-of-way which would not comply the requirements of § 95.43, the applicant shall apply for a variation in conformance with procedures, terms and conditions set forth in § 156.23.
(M) Collocation completion deadline. Collocation for which a permit is granted shall be completed within 180 days after issuance of the permit, unless the city and the wireless provider agree to extend this period or a delay is caused by make-ready work for a municipal utility pole or by the lack of commercial power or backhaul availability at the site, provided the wireless provider has made a timely request within 60 days after the issuance of the permit for commercial power or backhaul services, and the additional time to complete installation does not exceed 360 days after issuance of the permit. Otherwise, the permit shall be void unless the city grants an extension in writing to the applicant.
(N) Cooperation with other small wireless service providers. As a condition of any permit for installation of a new pole, small wireless support structure, or other above-ground facility granted pursuant to this subchapter, permittees shall be required to cooperate with other small wireless providers in collocating additional small wireless facilities on poles and small wireless support structures owned by the permittee, provided that such proposed additional small wireless provider has been issued permits for that location by the city as described herein. All permittees shall exercise good faith in collocating with other small wireless providers regarding sharing of the permitted site, provided that such shared use does not give rise to a substantial technical level of impairment of the ability to provide the permitted use (i.e., significant interference in broadcast or reception capabilities as opposed to a competitive conflict or financial burden). Such good faith shall include sharing technical information to evaluate the feasibility of sharing utility poles or small wireless infrastructure. In the event that a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the city may require a third-party technical study at the expense of the applicant, the permittee, or both.
(Ord. 18-27, passed 6-26-18)