(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