(A) Application to use city right-of-way shall be made in writing to the City Clerk stating the purpose for which the right of way is to be used. The City Clerk shall forward the application to the Director of Utilities and Engineer for review and approval. Any applications must demonstrate compliance with the requirements of this subchapter, unless otherwise provided by franchise, license, or similar agreement, or federal, state or local law, all applications for permits pursuant to this section. This section shall also apply to applications for permits to collocate small wireless facilities on property outside of the right-or-way in areas zoned exclusively for commercial or industrial use. An application for use of street right of way for a small wireless facility shall be made in writing which shall set forth the following:
(1) The name of the individual and company applying for the license.
(2) The address of the principal place of business of the applicant and its telephone number.
(B) Application process. The city shall process applications as follows:
(1) The first completed application shall have priority over applications received by different applicants for collocation on the same utility pole or wireless support structure.
(2) (a) An application to collocate a small wireless facility on an existing utility pole or wireless support structure, or replacement of an existing utility pole or wireless support structure shall be processed on a nondiscriminatory basis and shall be deemed approved if the city fails to approve or deny the application within 90 days after the submission of a completed application.
(b) The permit shall be deemed approved on the latter of the 90th day after submission of the complete application or the 10th day after the receipt of the deemed approved notice by the city. The receipt of the deemed approved notice shall not preclude the city’s denial of the permit request within the time limits as provided under this subchapter.
(3) (a) An application to collocate a small wireless facility that includes the installation of a new utility pole shall be processed on a nondiscriminatory basis and deemed approved if the city fails to approve or deny the application within 120 days after the submission of a completed application.
(b) The permit shall be deemed approved on the latter of the 120th day after submission of the complete application or the 10th day after the receipt of the deemed approved notice by the city. The receipt of the deemed approved notice shall not preclude the city’s denial of the permit request within the time limits as provided under this subchapter.
(4) (a) The city shall deny an application which does not meet the requirements of this subchapter.
(b) If the city determines that applicable codes, ordinances or regulations that concern public safety, or the collocation requirements and conditions contained herein require that the utility pole or wireless support structure be replaced before the requested collocation, approval shall be conditioned on the replacement of the utility pole or wireless support structure at the cost of the provider. The city shall document the basis for a denial, including the specific code provisions or application conditions on which the denial is based, and send the documentation to the applicant on or before the day the city denies an application.
(c) The applicant may cure the deficiencies identified by the city and resubmit the revised application once within 30 days after notice of denial is sent to the applicant without paying an additional application fee. The city shall approve or deny the revised application within 30 days after the applicant resubmits the application or it is deemed approved. Failure to resubmit the revised application within 30 days of denial shall require the applicant to submit a new application with applicable fees, and recommencement of the city’s review period.
(d) The applicant must notify the city in writing of its intention to proceed with the permitted activity on a deemed approved basis, which may be submitted with the revised application.
(e) 1. Any review of a revised application shall be limited to the deficiencies cited in the denial. However, this revised application does not apply if the cure requires the review of a new location, new or different structure to be collocated upon, new antennas, or other wireless equipment associated with the small wireless facility.
2. Pole attachment agreement. Within 30 days after an approved permit to collocate a small wireless facility on a municipal utility pole, the city and the applicant shall enter into a Master Pole Attachment Agreement, provided by the city for the initial collocation on a municipal utility pole by the application. For subsequent approved permits to collocate on a small wireless facility on a municipal utility pole, the city and the applicant shall enter into a License Supplement of the Master Pole Attachment Agreement.
a. i. Completeness of application. Within 30 days after receiving an application, the city shall determine whether the application is complete and notify the applicant. If an application is incomplete, the city must specifically identify the missing information. An application shall be deemed complete if the city fails to provide notification to the applicant within 30 days after all documents, information and fees specifically enumerated in the city’s permit application form are submitted by the applicant to the city.
ii. Processing deadlines are tolled from the time the city sends the notice of incompleteness to the time the applicant provides the missing information.
b. Tolling. The time period for applications may be further tolled by:
i. An express written agreement by both the applicant and the city; or
ii. A local, state or federal disaster declaration or similar emergency that causes the delay.
c. Consolidated applications.
i. An applicant seeking to collocate small wireless facilities within the jurisdiction of the city shall be allowed, at the applicant’s discretion, to file a consolidated application and receive a single permit for the collocation of up to 25 small wireless facilities if the collocations each involve substantially the same type of small wireless facility and substantially the same type of structure.
ii. If an application includes multiple small wireless facilities, the city may remove small wireless facility collocations from the application and treat separately small wireless facility collocations for which incomplete information has been provided or that do not qualify for consolidated treatment or that are denied. The city may issue separate permits for each collocation that is approved in a consolidated application.
d. Duration of permits.
i. The duration of a permit shall be for a period of not less than five years, and the permit shall be renewed for equivalent durations unless the city makes a finding that the small wireless facilities or the new or modified utility pole do not comply with the applicable city codes or any provision, condition or requirement contained in this subchapter.
ii. If the Act is repealed as provided in Section 90 therein, renewals of permits shall be subject to the applicable city code provisions or regulations in effect at the time of renewal.
e. Means of submitting applications. Applicants shall submit applications, supporting information and notices to the City Clerk by personal delivery at the City Clerk’s Office by regular mail postmarked on the date due or by any other commonly used means, including electronic mail.
(C) Collocation requirements and conditions.
(1) 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.
(2) 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 contracts 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.
(3) No interference with public safety communication frequencies.
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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 paragraph. Failure to remedy the interference as required herein shall constitute a public nuisance.
(4) (a) 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.
(b) 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.
(c) For purposes of this subparagraph, 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.
(5) The wireless provider shall comply with all applicable codes and local code provisions or regulations that concern public safety.
(6) The wireless provider shall comply with written design standards that are generally applicable for decorative utility poles, or reasonable stealth, concealment and aesthetic requirements that are set forth in a City ordinance, written policy adopted by the City, a comprehensive plan or other written design plan that applies to other occupiers of the rights-of-way, including on a historic landmark or in a historic district.
(7) Alternate placements.
(a) Except as provided in this Collocation Requirements and Conditions Section, a wireless provider shall not be required to collocation 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.
(b) 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 paragraph.
(Ord. 9345, passed 8-27-2018)