SECTION:
14.56.010: Declaration Of Purpose And Intent
14.56.020: Definitions
14.56.030: Orders, Rules And Regulations
14.56.040: Master License Agreement Required
14.56.050: Permit Required
14.56.060: Permit Applications
14.56.070: Compensation
14.56.080: Other Requirements
14.56.090: Enforcement And Remedies
A. Purpose: The purpose of this chapter is to establish requirements for the siting and use of wireless facilities in the public ways in a manner that facilitates the delivery of wireless services within the City, while minimizing associated adverse impacts. The goals of this chapter are to:
1. Provide for the managed development and installation, maintenance, modification, and removal of wireless services infrastructure in the City to provide adequate wireless communications coverage, without unreasonably discriminating against wireless providers of functionally equivalent services including all of those who install, maintain, and operate wireless facilities.
2. Promote and protect the public health, safety, and welfare, and specifically, protecting aesthetic values, by reducing the visibility of wireless facilities and structures to the fullest extent possible through techniques including but not limited to camouflage/concealment, design techniques, and undergrounding of wireless facilities and the equipment associated therewith, where appropriate.
3. Encourage the deployment of smaller, less intrusive wireless facilities to supplement existing telecommunications facilities.
4. Encourage owners and users of wireless facilities and structures to locate them, to the extent possible, where the adverse impact on the community is minimized.
5. Enhance the ability of wireless providers to provide such wireless services to the community quickly, effectively, and efficiently.
6. Effectively manage wireless facilities in the public way.
B. Scope:
1. This chapter shall provide the basic local scheme for providers of wireless services and systems that require the use of the public ways, including providers of both the system and service, and those providers of the system only.
2. The requirements set forth in this chapter shall apply to all wireless facilities and structures located within the public way, and to all applications to locate or modify wireless facilities and structures within City public way. This chapter shall apply to all future wireless providers and to all wireless providers in the City prior to the effective date hereof, whether operating with or without a license.
3. The activities regulated by this chapter are subject to terms of the Small Wireless Facilities Deployment Act, Utah Code title 54, chapter 21, or its successor.
C. Excluded Activity: This chapter shall not apply to video service systems, wireline services, or macro wireless facilities. (Ord. 42-18, 2018)
ADA: Americans With Disabilities Act of 1990, 42 USC section 12101 et seq., or successor statute.
ANTENNA: Is defined in Utah Code section 54-21-101(1), or its successor.
APPLICANT: A wireless provider who makes application for a permit.
APPLICATION: Is defined in Utah Code section 54-21-101(5), or its successor.
CITY: Salt Lake City Corporation.
CITY ENGINEER: The City Engineer, or authorized representative.
COLLOCATE: Is defined in Utah Code section 54-21-101(11), or its successor.
DECORATIVE POLE: Is defined in Utah Code section 54-21-101(14), or its successor.
FCC: The Federal Communications Commission of the United States.
GROSS REVENUE: The same meaning as gross receipts from telecommunication services as defined in Utah Code section 10-1-402, or its successor statute, as applied to the revenue of a wireless provider.
MACRO WIRELESS FACILITY: Antenna mounted on a tower or similar structure that is not a small wireless facility or a micro wireless facility. A macro wireless facility is not permitted in the public way unless required by Federal law.
MASTER LICENSE AGREEMENT: An agreement between a wireless provider and the City that sets forth the general terms and conditions pursuant to which the wireless provider may install and operate wireless facilities in the public way.
MICRO WIRELESS FACILITY: Is defined in Utah Code section 54-21-101(21), or its successor.
PERMIT: A permit issued under this title for construction, excavation or other work in, or obstruction of, the public way. The written authorization the City requires for a wireless provider to perform an action or initiate, continue, or complete a project, subject to the terms of this chapter and a master license agreement. Other permits, including without limitation, a building permit and traffic control permit, may also be required.
PERMITTEE: Any person who has been issued a permit and has agreed to fulfill the requirements of this chapter, on its own behalf or on behalf of a wireless provider.
PERSON: Means and includes any natural person, partnership, firm, association, public utility company, corporation, company, organization, or entity of any kind.
PUBLIC WAY: For purposes of this chapter, all public rights-of- way, pathways, walkways and sidewalks, public streets, public roads, public highways, public alleys, and public drainageways including the surface, subsurface and above surface space, now or hereafter existing as such within the City. It does not, however, include utility easements not within public ways of the City and Federal interstate highways or fixed guideways as defined in Utah Code section 59-12-102.
SMALL WIRELESS FACILITY: Is defined in Utah Code section 54-21-101(25), or its successor.
STRUCTURE: A utility pole or a wireless support structure.
TELECOMMUNICATIONS: The transmission, between or among points specified by the user, of information of the user's choosing (e.g., data, video, and voice) without change in the form or content of the information sent and received.
UTILITY POLE: For purposes of this chapter, a pole or similar structure that is in a public way and is or may be used for: wireline communications, electric distribution, lighting, traffic control, signage, or the collocation of a small wireless facility. Utility pole does not include a wireless support structure, a structure that supports electric transmission lines, or electric power poles owned by the City or by an interlocal entity.
WIRELESS FACILITY: Is defined in Utah Code section 54-21-101(29), or its successor.
WIRELESS PROVIDER: A person that provides wireless services to customers, and/or builds or installs wireless facilities.
WIRELESS SERVICE: Is defined in Utah Code section 54-21-101(32), or its successor.
WIRELESS SUPPORT STRUCTURE: Is defined in Utah Code section 54-21-101(34), or its successor.
WIRELINE BACKHAUL FACILITY: A facility used to transport communications by coaxial or fiber-optic cable from a wireless facility to a communications network. A wireline backhaul facility may be installed in the public way pursuant to a franchise agreement. (Ord. 42-18, 2018)
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