(a) Subject to the Ohio Revised Code and approval of an application under these supplemental provisions, an owner or operator may collocate a small cell facility and construct, maintain, modify, operate, or replace wireless support structures in, along, across, upon, and under the City right-of-way.
(1) An owner or operator shall comply with generally applicable standards that are consistent with this chapter and adopted by the City for construction and public safety in the right-of-way.
(2) All structures and facilities shall be constructed and maintained so as not to impede or impair public safety or the legal use of the right-of-way by the City, the traveling public, or other public utilities.
(b) Exclusions.
(1) Amateur radio facilities. These supplemental provisions shall not govern the installation of any amateur radio facility that is owned or operated by a federally licensed amateur radio station owner or operator or is used exclusively for receive-only antennas.
(2) Certain over-the-air receiving devices (OTARD). These supplemental provisions shall not govern the installation of any OTARD antennas covered under FCC regulations codified in 47 C.F.R. §§1.4000 et seq., as may be amended or superseded. OTARD antennas include, without limitation, direct-to-home satellite dish antennas less than one meter in diameter, television antennas and wireless cable antennas.
(3) Handsets and user equipment. These supplemental provisions shall not govern the use of personal wireless devices (e.g., cell phones) or other consumer-grade mobile user equipment used in the right-of-way.
(c) The permitting procedures and authorizations set forth herein shall apply only to the placement of small cell facilities and wireless support structures in the right-of-way, and do not authorize the construction and operation of a wireline backhaul facility, which continue to be governed by Chapter 913: Rights of Way Administration.
(d) Relationship to Other Chapters. These supplemental provisions shall supersede all conflicting requirements of other titles and chapters of this Code regarding the locating and permitting of small cell facilities and wireless support structures in the right-of-way.
(e) Nothing in these supplemental provisions precludes the City from applying its generally applicable health, safety, and welfare regulations when granting consent for a small cell facility or wireless support structure.
(Ord. 46-18. Passed 7-23-18.)