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2019.03.18 ORD 2019-495 Public Right-of-Way and Telecommuications
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2019.03.18 ORD 2019-495 Public Right-of-Way and Telecommuications
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5/8/2019 11:56:55 AM
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City Council
Document Type
Ordinances
Meeting Date
3/18/2019
Meeting Type
Regular
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Ordinance 2019-495 <br />Right-of-way and Telecommunication Ordinance <br />Micro wireless facility means a small wireless facility that is no larger than 24 inches long, 15 inches wide, <br />and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches. <br />Small wireless facility means a wireless facility that meets both of the following qualifications: (1) each <br />antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna <br />that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no <br />more than six cubic feet; and (2) all other wireless equipment associated with the small wireless facility, <br />excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup <br />power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical <br />cable runs for the connection of power and other services, and any equipment concealed from public view <br />within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in <br />volume. <br />Utility Pole means a pole that is used in whole or in part to facilitate telecommunications or electric <br />service. <br />Wireless facility means equipment at a fixed location that enables the provision of wireless services <br />between user equipment and a wireless service network, including: (1) equipment associated with wireless <br />service; (2) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, <br />and comparable equipment, regardless of technological configuration; and(3) a small wireless facility. <br />"Wireless facility" does not include: (1) wireless support structures; (2) wireline backhaul facilities; or (3) <br />coaxial or fiber-optic cables (i) between utility poles or wireless support structures, or (ii) that are not <br />otherwise immediately adjacent to or directly associated with a specific antenna. <br />Wireless service means any service using licensed or unlicensed wireless spectrum, including the use of <br />Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. <br />Wireless support structure means a new or existing structure in a public right-of-way designed to support <br />or capable of supporting small wireless facilities, as reasonably determined by a local government unit. <br />Wireline backhaul facility means a facility used to transport communications data by wire from a wireless <br />facility to a communications network. <br />Chapter 82, Article IV, Sec. 82-305. — Right-of-way Permit Requirement <br />Add the following: <br />(3) Small Wireless Facility permit. A small wireless facility permit is required by a registrant to erect <br />or install a wireless support structure, to collocate a small wireless facility or to otherwise install a small <br />wireless facility in the specified portion of the right-of-way, to the extent specified therein, provided that <br />such permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked. No <br />small wireless facility permit is required to solely conduct: 1) routine maintenance of a small wireless <br />facility; 2) replacement of a small wireless facility with a new facility that is substantially similar or <br />smaller in size, weight, height, and wind or structural loading than the small wireless facility being <br />replaced; or 3) installation, placement, maintenance, operation, or replacement of micro wireless facilities <br />that are suspended on cables provider is required to make written notice of such activities to the City if <br />the micro wireless facility work will obstruct a public right-of-way. A small wireless facility permit is <br />
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