(1) As used in this Section, "Communication Antenna Facilities" means small cell nodes, distributed antenna systems (DAS) and similar equipment deployed, along with associated infrastructure, for "personal wireless services", as that term is defined in 47 U.S.C. § 322(c)(7)(C), and "commercial mobile services", as that term is defined in 47 U.S.C. § 332(d).
(2) No person shall attach communication antenna facilities to a pole or any portion of a structure that is located in the public right-of-way or maintain an existing antenna on such a pole or portion of a structure, except pursuant to a permit issued by the Department of Licenses and Inspections.
(3) A permit to attach communication antenna facilities to a pole shall be issued by the Department upon:
(a) Completion of such application as required by the Department, in consultation with the Department of Streets, including the size and type of antenna and facilities to be attached, the location of the pole or portion of the structure, and such other information as may be required by the Department;
(b) Determination by the Department, in consultation with the Department of Streets, that the applicant's proposal meets any standards for placement of communication antenna facilities on poles or structures as may be established by the Department of Streets by regulation, which regulations may include requirements:
(.1) regarding weight bearing loads, clearance requirements, aesthetic requirements and such other requirements as may be necessary for effective management of the right-of-way;
(.2) to remove or promptly repair an antenna determined by the Department to present a risk to health or safety;
(.3) to label the antenna in a clearly visible manner with identifying information;
(.4) to enter into an agreement with the Department with respect to maintenance, inspection and removal of communication antenna facilities;
(.5) to provide information, on a regular basis, regarding all communication antenna facilities owned by the applicant located in the right-of-way; and
(.6) such other requirements as may be determined by the Department of Streets to be necessary for management of the permitting program.
(c) If communication antenna facilities are to be attached to a City-owned pole or structure, demonstration that the applicant has written authorization from the City for use of the pole or structure at issue. 635
(d) Payment of such application or permitting fee as may be established by the Department of Streets by regulation to recover the costs of Administration of the permitting program. Payment of such fee shall not be exclusive of any additional rent, fee or other amount the City may charge in connection with the use of its property for such purposes.
(4) In the event of any conflict between the provisions of this Section and the provisions of Chapter 11-700 of the Code ("Right-of-Way Management"), the provisions of this Section shall control.
Notes
| 634 | |
| 635 | Enrolled bill read "... pole or structure are issue." |