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(a) Subject to approval of an application under this Chapter, and compliance by the applicant with this Chapter, all other applicable City ordinances, and State and Federal law, an operator may collocate a small cell facility and/or construct, install, maintain, modify, operate, repair, replace and/or remove wireless support structures in, along, across, upon, and under the City's right-of-way.
(1) An operator shall comply with any rules, regulations, and design guidelines adopted by the City, as modified from time to time, for the collocation of a small cell facility and construction, maintenance, modification, operation, repair, replacement, or removal of wireless support structures in, along, across, upon, and under the City right-of-way.
(2) All wireless support structures and small cell 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) The following exclusions shall apply to the applicability of this Chapter:
(1) This Chapter shall not govern the installation of any amateur radio facility that is owned or operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
(2) This Chapter 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of any OTARD antennas covered under FCC regulations codified in 47 C.F.R. §§1.4000 et seq., as may be amended or superseded.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) This Chapter 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) This Chapter shall supersede any conflicting requirements of other chapters of the City's Ordinances regarding the locating and permitting of small cell facilities and wireless support structures in the right-of-way. Chapter 153, Public Property Permits, shall apply to the siting, construction, installation, collocation, maintenance, modification, operation, repair, replacement, and removal of small cell facilities and wireless support structures in the right-of-way to the extent that such Chapter is not in conflict with this Chapter, except that the "Right-of-Way Permit-Small Cell" issued under this Chapter shall be issued in place of the "Public Property Construction Permit" required by Section 153.03, and the fees charged and the applicable time periods shall be as set forth in this Chapter. No deposit shall be required for work in the right-of-way or to obtain a permit under Chapter 153 to the extent such work is governed by this Chapter. However, an applicant for a Right-of-Way Permit-Small Cell shall provide a bond or other assurance as required by Section 163.09(c). Any entity performing work in the right-of-way pursuant to the authority provided by, and application and approval process governed by, this Chapter shall comply with the requirements of Chapter 547 of the Business Regulation Code of the City's codified ordinances.
(d) Nothing in this Chapter 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 in the City's right-of-way, or in regulating any work or installation performed pursuant to this Chapter.
(Ord. 18-56. Enacted 7-23-18.)