Loading...
(a) Notice of Completion. A Permittee shall notify the Department immediately upon completion of the installation of a Personal Wireless Service Facility. The notice of completion must include a written statement from a certified engineer confirming that the permitted Personal Wireless Service Facility complies with the Public Health Compliance Standard.
(b) Inspection.
(1) Required After Installation. The Department shall inspect a Personal Wireless Service Facility installed in the Public Rights-of-Way within a reasonable time after a Permittee provides the Department with a notice of completion required under Section 1516(a) above. The Department shall determine during the inspection whether:
(A) The installation is in accordance with the requirements of the Personal Wireless Service Facility Site Permit; and
(B) The permitted Personal Wireless Service Facility complies with the Public Health Compliance Standard.
(2) Subsequent Inspection. If at any time the Department has a valid reason to believe that a permitted Personal Wireless Service Facility does not comply with the Public Health Compliance Standard, the Department shall require the Permittee to provide additional proof of compliance with the Public Health Compliance Standard. The Department may also request that the Department of Public Health inspect the facility.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011)
(a) Compliance Required. Any Personal Wireless Service Facility installed in the Public Rights-of-Way pursuant to a Personal Wireless Service Facility Site Permit issued under this Article 25 must comply with the terms and conditions of the Permit and this Article 25.
(b) Notice of Deficiency.
(1) Non-Compliance with Permit. If the Department determines, either after an inspection required under Section 1516(b) above or at any other time, that a Personal Wireless Service Facility is not in compliance with the Personal Wireless Service Facility Site Permit or this Article 25, the Department shall issue a notice of deficiency and require the Permittee to take corrective action to bring the Personal Wireless Service Facility into compliance.
(2) Radio Frequency Emissions. If the Department determines, either after an inspection required under 1515(b) above or at any other time, that potential human exposure to radio frequency emissions from a permitted Personal Wireless Service Facility exceeds FCC guidelines, the Department shall issue a notice of deficiency and require the Permittee to take corrective action to bring the Personal Wireless Service Facility into compliance with FCC guidelines.
(3) Noise. If the Department determines, either after an inspection required under 1516(b) above or at any other time, that noise from a permitted Personal Wireless Service Facility at any time of the day or night exceeds forty-five (45) dBA as measured at a distance three (3) feet from any residential building facade, the Department shall issue a notice of deficiency and require the Permittee to take corrective action to bring the Personal Wireless Service Facility into compliance with the noise limit.
(c) Department Remedies.
(1) Required Action. If a Permittee fails to take corrective action with respect to a Personal Wireless Service Facility within a reasonable time after receiving a notice of deficiency the Department shall:
(A) Take all reasonable, necessary, and appropriate action to remedy a Permittee's non-compliance; or
(B) Require a Permittee to remove the non-compliant Personal Wireless Service Facility from the Public Rights-of-Way; and
(C) Charge to a Permittee the reasonable costs that the City has actually incurred including, but not limited to, administrative costs.
(2) Discretionary Action. In addition to the foregoing, if a Permittee fails to take corrective action with respect to a Personal Wireless Service Facility within a reasonable time after receiving a notice of deficiency the Department may deny any pending Application for a Personal Wireless Service Facility Site Permit.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011)
(a) Permittee Must Maintain Facilities. Any Personal Wireless Service Facility installed in the Public Rights-of-Way pursuant to a Personal Wireless Service Facility Site Permit issued under this Article 25 must be properly maintained and used to provide Personal Wireless Services.
(b) Notice of Abandonment. A Permittee shall notify the Department, or the Department may determine and notify a Permittee, that a Personal Wireless Service Facility installed in the Public Rights-of-Way has been abandoned either because it has not been properly maintained or because it is no longer being used to provide Personal Wireless Services. In such event, a Permittee shall promptly remove the abandoned Personal Wireless Service Facility as required by the Department and at Permittee's expense.
(c) Remedy for Non-Compliance. If a Permittee fails to remove an abandoned Personal Wireless Service Facility within a reasonable period of time after receiving a notice of abandonment, the Department shall take all reasonable, necessary, and appropriate action to remedy the Permittee's failure to comply with the notice (including removing the Personal Wireless Service Facility) and may charge to the Permittee the reasonable costs the City has actually incurred including, but not limited to, administrative costs.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011)
A Personal Wireless Service Facility Site Permit shall have a term of ten (10) years. The term shall commence upon the completion of the inspection required under Section 1516(b)(1) above.
(a) When Permitted.
(1) Renewal Permitted. At the end of the term set forth in Section 1519 above, the Department may renew a Personal Wireless Service Facility Site Permit for an additional ten (10) year term, provided that the Department did not issue a Modification Permit for the permitted Personal Wireless Service Facility during the term of the Permit.
(2) Renewal Not Permitted.
(A) A Personal Wireless Service Facility that has been issued a Modification Permit may not be renewed. Instead, the Permittee may file a new Application for a Personal Wireless Service Facility Site Permit for the permitted and modified Personal Wireless Service Facility at the same location.
(B) A Personal Wireless Service Facility Site Permit that has been renewed once under Section 1520(a)(1) above may not be renewed for a second time. Instead, the Permittee may file a new Application for a Personal Wireless Service Facility Site Permit for the permitted Personal Wireless Service Facility at the same location.
(b) Renewal Application Required. A Permittee seeking to renew a Personal Wireless Service Facility Site Permit that may be renewed under Section 1520(a) above must file a renewal Application with the Department no later than six (6) months prior to the exiration date of the existing Permit. The renewal Application shall include a written report from a certified engineer confirming that the permitted Personal Wireless Service Facility complies with the Public Health Compliance Standard.
(c) Approval of Renewal Application.
(1) Department of Public Health Approval Required. The Department shall refer every Application to renew a Personal Wireless Service Facility Site Permit to the Department of Public Health for review under the Public Health Compliance Standard. The Department shall approve a timely-filed renewal Application unless the Department of Public Health determines that the permitted Personal Wireless Service Facility does not comply with the Public Health Compliance Standard.
(2) Applicability of Other Provisions of this Article. The other provisions of this Article 25 related to approval of an Application for a Personal Wireless Service Facility Site Permit shall not apply to the Department's review of a renewal Application . These provisions shall include, but are not limited to, Notice of Final Determination (Section 1514 above) and Appeals (Section 1515 above).
(d) New Application.
(1) Required When Renewal Not Permitted. If, in accordance with Section 1520(a)(2) above, a Personal Wireless Service Facility cannot be renewed, the Permittee must submit a new Application for a Personal Wireless Service Facility Site Permit in order to continue to maintain the permitted Personal Wireless Service Facility in the Public Rights-of-Way.
(2) Removal Not Required. Notwithstanding any other Applicable Law, if the Permittee submits an Application for a Personal Wireless Service Facility Site Permit no later than six (6) months prior to the expiration date of a previously issued Personal Wireless Facility Site Permit, the Department shall not require the Applicant to remove the permitted Personal Wireless Service Facility unless and until there is a final determination denying the Application. For purposes of this subsection (d)(2), a determination shall not be final until the Board of Appeals issues a final ruling on any appeal.
(a) Replacement. During the term of a Personal Wireless Service Facility Site Permit, a Permittee may Replace equipment that is part of a permitted Personal Wireless Service Facility without obtaining a Modification Permit.
(b) Removal. During the term of a Personal Wireless Service Facility Site Permit, a Permittee may remove equipment that is part of a permitted Personal Wireless Service Facility without obtaining a Modification Permit.
(c) Department Procedures.
(1) Permittee's Notification. A Permittee shall notify the Department in writing that it intends to Replace or remove equipment at a permitted Personal Wireless Service Facility as permitted by this Section 1521. In the notice, the Permittee shall at a minimum:
(A) Identify the use and size of each piece of equipment that the Permittee is seeking to remove from the Utility Pole;
(B) Identify the use and size of the equipment that the Permittee is seeking to install on the Utility Pole to Replace existing equipment; and
(C) If any new equipment will Replace existing equipment, provide drawings and photo-simulations of the existing and new equipment the Permittee is seeking to install on the Utility Pole.
(2) Department Notification. Within five (5) business days of receipt of the Permittee's request to Replace or remove equipment as described above, the Department shall notify the Permittee in writing whether the Department has determined that the request complies with the requirements of this Section 1521.
(3) Permittee Replacement or Removal. Upon receipt of a Department notice that the request complies with this Section 1521, the Permittee may Replace or remove the equipment identified in the request.
(4) Compliance with Other Requirements. Nothing in this Section 1521 shall be construed to relieve the Permittee of its duty to comply with any City regulations or permitting requirements when removing equipment from or Replacing Equipment on a Utility Pole.
(a) Modification Permit Required. A Permittee seeking to add equipment to a permitted Personal Wireless Service Facility that does not comply with the requirements of Section 1521 above, because the replacement equipment is not is1
identical in size or smaller than the previously permitted equipment, must obtain a Modification Permit.
(b) Department Procedures.
(1) Application. In an Application for a Modification Permit, the Applicant shall at a minimum:
(A) State whether the permitted Personal Wireless Service Facility is a Base Station;
(B) Identify the use and size of any piece of equipment that the Applicant is seeking to remove from the Utility Pole;
(C) Identify the use and size of any equipment that the Applicant is seeking to add to the Utility Pole;
(D) State whether any piece of equipment the Applicant is seeking to add to the Utility Pole is Transmission Equipment and, if so, explain why it meets the definition of Transmission Equipment;
(E) Provide drawings and photo-simulations of the existing and new equipment the Permittee is seeking to install on the Utility Pole; and
(F) State whether the proposed modification will result in a Substantial Change to the Physical Dimensions of the Utility Pole.
(2) Time for Department Determination. The Department shall by order or regulation establish the appropriate time frame for the Department to review an Application for a Modification Permit that is consistent with the requirements of Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, codified at 47 U.S.C. § 1455(a), as may be amended from time to time, and with any FCC decision addressing that section or any FCC regulation implementing that section.
(c) Approval of Modification Permits at Base Stations.
(1) No Substantial Change to the Physical Dimension. The Department shall approve an Eligible Facilities Request for a Modification Permit if the installation of the modified Transmission Equipment would not Substantially Change the Physical Dimensions of the Utility Pole where the permitted Base Station equipment has been installed.
(2) Substantial Change to the Physical Dimensions. The Department may approve an Eligible Facilities Request for a Modification Permit if the installation of the modified Transmission Equipment would Substantially Change the Physical Dimensions of the Utility Pole where the permitted Base Station equipment has been installed, provided the Application complies with the requirements of Section 1522(e)(2) below.
(3) Equipment Other than Transmission Equipment. The Department may approve an Application for a Modification Permit at a Personal Wireless Service Facility that is a Base Station if the Application seeks to modify equipment other than Transmission Equipment, provided the Application complies with the requirements of Section 1522(e)(2) below.
(d) Approval of Modification Permits at Other Types of Facilities. The Department may approve an Application for a Modification Permit at a Personal Wireless Service Facility that is not a Base Station, provided the Application complies with the requirements of Section 1522(e)(2) below.
(e) Applicability of Other Provisions of this Article.
(1) No Substantial Change to the Physical Dimension. The other provisions of this Article 25 related to approval of an Application for a Personal Wireless Service Facility Site Permit shall not apply to the Department's review of an Application for a Modification Permit that complies with the requirements of Section 1522(c)(1) above. These provisions include, but are not limited to, Notice of Final Determination (Section 1514 above) and Appeals (Section 1515 above).
(2) Other Types of Modifications. Before approving an Application for a Modification Permit under Sections 1522(c)(2), (c)(3), and (d) above, the Department shall refer the Application to: (A) the Department of Public Health to determine compliance with the Public Health Compliance Standard; and (B) the Planning Department and/or Recreation and Park Department to determine compliance with any applicable Compatibility Standards. The Department may not approve the Modification Permit if any City department determines the Application does not comply with the appropriate standard. In addition, the Department may determine that compliance with other provisions of this Article 25, including Notice of Final Determination (Section 1514 above) and Appeals (Section 1515 above), shall be required.
(f) Generally Applicable Laws. Nothing in this Section 1522 shall prohibit the Department from denying an Application for a Modification Permit (even where the Application consists of an Eligible Facilities Request) where the Department determines that the proposed modified Personal Wireless Service Facility would violate any generally applicable building, structural, electrical, or safety code provision, or any Applicable Law codifying objective standards reasonably related to health and safety.
CODIFICATION NOTE
Each Permittee shall submit and maintain with the Department a bond, cash deposit, or other security acceptable to the Department securing the faithful performance of the obligations of the Permittee and its agents under any and all Personal Wireless Service Facility Site Permits issued to the Permittee under this Article 25. The deposit shall be in the sum of twenty-five thousand dollars ($25,000) in favor of the "Department of Public Works, City and County of San Francisco." If, in accordance with this Article 25, the Director deducts any amounts from such a deposit, the Permittee must restore the full amount of the deposit prior to the Department's issuance of a subsequent Permit. The Department shall return the deposit to the Permittee should Permittee cease to operate any Personal Wireless Service Facilities in the Public Rights-of-Way.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011)
Loading...