[R.O. 2012 §655.090; Ord. No. 98-1-8 §1, 1-26-1998; Ord. No. 18-08-01, 8-6-2018]
A.
Grant
Of Authority And Use Of Public Property. The scope of authority granted
to an operator to use streets and other public property shall be established
in a franchise agreement.
B.
Compliance
With Zoning And Construction Codes. An operator shall comply with
the terms of all applicable zoning ordinances, building codes, and
other regulations, now or hereafter existing, controlling the location
or construction of towers, antennas, poles, cables, amplifiers, conduits
and other facilities owned, leased and otherwise used by the operator
for a communications facility, including but not limited to requirements
to obtain applicable permits and to pay applicable plan review, permit
and/or inspection fees. Collocation of small wireless facilities,
including installation, maintenance, modification, operation and replacement
of utility poles on right-of-way is not subject to zoning review and
approval except the placement of new or modified utility poles in
areas zoned as single-family residential districts or historic preservation
districts as of August 28, 2018.
C.
Franchise
Non-Exclusive. An operator's right to use and occupy streets and other
public property shall not be exclusive.
D.
Placement
Of Facilities.
1.
All transmissions and distribution structures, lines and communication
facilities erected by an operator within the City shall be so located
as to cause minimum interference with the proper use of streets and
other public property and to cause minimum interference with the rights
and reasonable convenience of property owners who join any of said
streets and/or public property.
2.
The City has the right to regulate the erection, construction and/or
installation or collocation of any and all facilities by an operator
lying in, under and/or over any public property, including but not
limited to the right to require permits prior to construction and
maps showing where construction or excavation is planned. The City
may designate where an operator may place a communications facility
within the streets and other public property. The City may require
a small wireless facility to comply with reasonable, objective, and
cost-effective concealment or safety requirements determined by the
City after review of plans submitted by the operator.
3.
Each new, replacement, or modified utility pole installed in the
right-of-way shall not exceed the greater of ten (10) feet in height
above the tallest existing utility pole in place as of January 1,
2019, located within five hundred (500) feet of the new pole in the
same right-of-way, or fifty (50) feet above ground level.
4.
New small wireless facilities in the right-of-way shall not extend
more than ten (10) feet above an existing utility pole in place as
of August 28, 2018, or for small wireless facilities on a new utility
pole, above the height permitted for a new utility pole under this
Section.
5.
A wireless provider may replace decorative poles when necessary to
collocate a small wireless facility, but any replacement pole shall
reasonably conform to the design aesthetics of the decorative pole
or poles being replaced.
6.
Installation or collocation shall be completed within one (1) year
after the permit issuance date unless the City and the applicant agree
to extend this period.
E.
Relocation
For Public Improvements.
1.
Request Of The City. Whenever because of public necessity or the
welfare of the public generally, the City elects to change or alter
the grade of any street or to sell or vacate any street or to construct
or reconstruct any water lines, sanitary or storm sewers, watercourses,
drainage ditches, conduits, playgrounds, traffic control devices or
to make, remove, maintain, repair or replace any other public improvements,
an operator shall, temporarily or permanently, as the case may be,
after thirty (30) days written request from the City, but in cases
of emergency immediately, raise, lower, remove, relay and/or relocate
its poles, wires, cables, conduits and/or other fixtures and equipment
as requested, all at operator's sole expense.
2.
Requests Of Private Parties. Whenever an operator is requested to
raise, lower, remove, relay and/or relocate the operator's poles,
wires, cables, conduits and/or other fixtures and equipment by a private
party, an operator shall not unreasonably refuse to raise, lower,
remove, relay and/or relocate those facilities. The private party
requesting the change shall bear the reasonable cost of raising, lowering,
removing, relocating and/or relaying the operator's facilities. An
operator may require the payment of a reasonable predetermined cost
for the requested action prior to commencing work.
[R.O. 2012 §655.100; Ord. No. 98-1-8 §1, 1-26-1998; Ord. No. 18-08-01, 8-6-2018]
A.
General
Construction Practices. All construction practices shall be in accordance
with all applicable Federal, State and local laws, rules or regulations.
All installation of electronic equipment shall be of a permanent nature
and durable. All electronic equipment installed after the date hereof
shall be installed in accordance with the applicable provisions of
the City's Building, all other Codes, and the specifications for construction
within City Right-of-Way and Procedure for Permit Application for
New Construction in City Right-of-Way.
B.
Towers
And Antennas. Antenna supporting structures (towers) and antennas
shall be designed, painted, lighted, erected and maintained in accordance
with all applicable rules and regulations of the Federal Aviation
Administration and all other applicable Federal, State and local laws,
rules and regulations. Each small wireless facility provider's antenna
must fit within an enclosure of no more than six (6) cubic feet in
volume. All other equipment associated with the small wireless facility,
whether ground or pole mounted, shall be no more than twenty-eight
(28) cubic feet in volume cumulatively, provided that no single piece
of equipment on the utility pole shall exceed nine (9) cubic feet
in volume; and no single piece of ground mounted equipment shall exceed
fifteen (15) cubic feet in volume, exclusive of equipment required
by an electric utility or municipal electric utility to power the
small wireless facility.
C.
General
Operational Practices. The construction, operation and maintenance
of an operator's cable communications system, including but not limited
to the antenna site, head end and distribution system, towers, house
connections, structures, poles, wire, cable, coaxial cable, fixtures
and practices, shall be performed by experienced maintenance and construction
personnel. An operator's cable communications system shall be kept
in a safe and suitable condition and in good order and repair, so
as not to endanger or interfere with improvements the City may deem
necessary, or to interfere in any manner with the rights of any property
owner, or to unnecessarily hinder or obstruct pedestrian or vehicular
traffic on streets or other public property.
D.
Safety.
An operator shall at all times employ the standards of care attendant
to the risks involved and shall install and maintain in use commonly
accepted methods and devices for preventing failure and accidents
which are likely to cause damage, injury or nuisance to the general
public, including public employees.
E.
Rf
Leakage. An operator shall perform Rf leakage monitoring and testing
in accordance with FCC rules and regulations. An operator shall have
the right to discontinue its service to any subscriber's premises
where uncontrollable Rf radiation is originating from inside the premises;
provided that if operator desires to discontinue service, operator
shall provide written notice of discontinuance of service and specific
information relating to the reason therefor to the subscriber.
F.
Undergrounding.
In all areas of the City where the cables, wires and other facilities
of public utilities exist underground, or are required by the City
to be placed underground, an operator shall also place its cables,
wires and other facilities underground.
G.
Pole
Attachments. An operator shall not construct, erect, maintain or own
any poles within the City unless prior written approval is obtained
from the City; such approval shall not be unreasonably withheld upon
a showing of need by an operator provided operator has complied with
all applicable laws, regulations and ordinances relating thereto.
In all areas of the City where the cables, wires and other facilities
of an operator are attached to any City-owned utility poles, an operator
may maintain those attachments subject to the terms and conditions
of its franchise agreement with the City.
H.
Disturbances.
In the case of any disturbance of a street, other public property
or any private property caused by an operator for any reason, including
during the course of constructing, maintaining, upgrading and removing
its communications facility, an operator shall, at its own expense,
replace and restore all paving, sidewalk, driveway, landscaping, surface
or other property of any such property disturbed in as good condition
as before the disturbance as is possible to the reasonable satisfaction
of the City.
I.
Authority
To Trim Trees. An operator shall have authority, upon prior written
notice to the City (except in the case of emergency), to trim trees
and shrubbery upon and overhanging streets and other public property
so as to prevent the branches and foliage of such trees and shrubbery
from coming in contact and interfering with the wires, cables and
other facilities of an operator. All trimming shall be done at the
expense of the operator, and the City reserves the right but assumes
no obligation to supervise such trimming.
J.
Relocation
Of Facilities. An operator shall, upon the request of any applicant
for a building moving permit to be issued by the City, temporarily
raise, lower, relay, relocate or remove its wires, cables and other
facilities to accommodate the moving of the building, as the operator
shall determine. The reasonable expense of the temporary raising or
lowering, relaying, relocation or removal of the operator's facilities
shall be paid by the person requesting the change, and the operator
shall have the authority to establish the reasonable cost of such
changes and require payment in advance. The operator shall be given
no less than seven (7) days' advance notice to arrange for temporary
changes.
K.
Performance
Guidelines. The following performance guidelines shall serve as the
initial minimum guidelines for the design, installation and operation
of an operator's system:
1.
Continuous Operation. The system shall be capable of continuous twenty-four
(24) hour daily operation without severe material degradation of signal
except during extremely inclement weather, and immediately following
extraordinary storms which adversely affect utility services or which
damage major system components.
2.
Variable For Operation. The system shall be capable of operating
over an outdoor temperature range of minus twenty degrees Fahrenheit
(-20°F) to plus one hundred twenty degrees Fahrenheit (120°F)
and over variation in supply voltages from one hundred five (105)
to one hundred thirty (130) volts AC, without catastrophic failure
or irreversible performance changes.
3.
Specifications. A cable television system shall have a minimum capacity
of three hundred (300) Mhz, and a minimum of thirty-four (34) channels
of entertainment and information. The system shall be capable of meeting
all specifications over an outdoor temperature range of zero degrees
Fahrenheit (0°F) to plus one hundred degrees Fahrenheit (100°F)
and over variation in supply voltages from one hundred five (105)
to one hundred thirty (130) volts AC.
4.
Lack Of Interference. The system shall be operated in such a manner
as to avoid causing interference with the reception of off-the-air
signals of a subscriber.
5.
Picture And Sound Quality. A cable television system shall be capable
of producing a picture on each subscriber's television screen in black
and white or color, depending upon whether color is being telecast
and provided the subscriber's television set is capable of producing
a color picture, that is materially undistorted and materially free
from ghost images other than those resulting from ingress which can
normally be expected from off-the-air signals, without material degradation
of color fidelity. The system shall produce sound that is materially
undistorted on any properly functioning receiver of a subscriber.
6.
FCC Technical Standards. Should the FCC promulgate technical standards
which exceed the performance guidelines contained in the Cable and
Wireless Communications Code, an operator shall operate its system
so that it meets or exceeds FCC standards.
L.
Equipment
For Hearing-Impaired Persons. An operator of a cable communications
system shall inform subscribers, upon request, where they may obtain
equipment which facilitate the reception of cable service by hearing-impaired
individuals, where such properly encoded programming exists. If that
equipment is not available from other sources, an operator shall make
that equipment available for subscribers for reasonable installation
and rental charges.
M.
Performance
Standards.
1.
Compliance With Technical Standards. All communications systems shall
be designed and installed to operate according to the technical standards
and all applicable rules and regulations of the FCC, including all
future amendments or standards required by the FCC.
2.
Report Of Compliance. Upon request, an operator shall provide to
the City a copy of its proof of performance test records that are
maintained in accordance with the rules of the FCC.
N.
Test
Procedures. An operator's methods and schedules for testing its system
on an ongoing basis shall be at least as stringent as those in other
high-quality, reliable, communications systems of similar design.
A summary of all ongoing tests shall be provided by the operator for
the City's review, upon the City's request. When a subscriber has
complained to an operator directly, or through the City, about the
technical quality of the service received by the subscriber, and that
complaint remains unresolved for thirty (30) days, the City may request
the performance by the operator, at the operator's cost, of reasonable
tests in addition to those tests performed by the operator, at the
operator's cost, of reasonable tests in addition to those tests performed
by the operator as part of its ongoing testing program, to measure
the technical quality of the system in the area of the complaint.
Tests performed by the operator in an effort to resolve the subscriber
complaint need not be duplicated by the operator.
O.
Emergencies.
1.
Emergency Services. Subject to applicable law, an operator of a cable
communications system shall incorporate into its system the capability
to permit the City, in times of emergency, to override the audio portion
of all cable service channels simultaneously. The operator shall cooperate
with the City in the use and operation of the emergency alert override
system.
2.
Emergency Use Of The Facilities. If an emergency or disaster occurs,
each operator shall, upon request of the City, make available at no
cost its facilities to the City for emergency use during the period
of such emergency or disaster and shall provide such personnel as
necessary to operate properly under the circumstances. In emergency
situations not common to the Greater Kansas City area, the City will
be given reasonable opportunity to communicate said emergencies to
residents.
P.
Line
Extension Policy. An operator of a cable communications system shall
not be required to service residents of areas of the City that are
beyond four hundred (400) feet from existing distribution lines unless
and until:
Q.
Interconnection.
Provided there is no decrease in the technical quality of service
provided to subscribers in the City and such interconnection has no
effect on the City's right under the Cable and Wireless Communications
Code or any franchise agreement, a cable communications system may
be interconnected with other cable communications systems of the operator
or other operators.
