This chapter shall be referred to as the "Telecommunications
Code of the City of Rochester, New York."
This chapter shall apply to any telecommunications facilities
and accessory equipment installed or otherwise placed in the right-of-way
on or after the effective date of this chapter. Telecommunications
facilities constructed with a permit prior to the effective date of
this chapter shall be brought into compliance with this chapter when
that facility is reconstructed, modified, repaired, or replaced. When
any existing agreement authorizing such facility requires compliance
with this chapter or when any existing agreement governing telecommunications
facilities expires, facilities shall be brought into compliance with
this chapter, and this chapter shall apply to all related activities
and work in the right-of-way. This chapter shall also apply to any
facility previously located, installed, or otherwise placed in the
right-of-way without undergoing review and approval by the City Engineer,
unless otherwise authorized by a valid agreement. Any such unauthorized
telecommunications facility shall be brought into compliance with
this chapter and all applicable laws.
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In addition to new applicants, this chapter shall apply to existing telecommunications providers currently occupying the right-of-way under a current right-of-way permit and any addendum agreement, pole attachment agreement, or right-of-way agreement, pursuant to Chapter 104 of the Code of the City of Rochester. All such persons shall comply with and be subject to all relevant requirements of this chapter, except that existing permit fees and other requirements of Chapter 104 shall be determined by any existing, valid permit agreements until their expiration date, or if no expiration date, the effective date of this chapter. As set forth in the terms of existing agreements with the City, including addendum agreements and other right-of-way agreements, such agreements shall be terminated and new master license agreements executed in compliance with this chapter.
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Such new master license agreements shall confirm that no changes shall be required with respect to work performed under existing permits issued prior to the effective date of this chapter and shall only require compliance with this chapter with respect to new, replaced, modified or relocated facilities requiring new permits, except that all licensees shall be required to comply with § 106-5, Registration application requirements, and § 106-15 et seq., Fees and Compensation, which shall apply to existing and new facilities.
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All right-of-way occupants defined as "telecommunications providers,"
whether new or existing, party to a current agreement or not, shall
be subject to this chapter, including all fees and requirements herein.
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All persons or entities subject to this chapter shall have six
months from the effective date of this chapter to achieve compliance,
including registration and associated requirements, completion of
a master license agreement, completed permit applications as necessary,
and payment of all fees and compensation due to the City that accrued
as of the effective date of this chapter.
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The purpose of this chapter shall be to meet the following objectives:
A.
To promote the development of a state-of-the-art telecommunications
infrastructure that will serve as an incentive to attract and retain
businesses and will serve current and future needs of individual citizens
as well as educational, governmental, cultural and community organizations;
B.
To ensure maximum access to the telecommunications infrastructure;
C.
To fully utilize the telecommunications infrastructure, including
wherever possible through the use of smart poles, as a tool in the
effective and efficient delivery of City services;
D.
To minimize unnecessary disruption in the right-of-way from the installation
and operation of telecommunications facilities by coordinating installations,
promoting co-location and encouraging innovative methods and technologies
that minimize disturbances to pedestrians, residents, businesses,
traffic, and parking;
E.
To comply with the federal Telecommunications Act of 1996 ("Telecommunications
Act"), and any amendment thereto, by enacting policies and procedures
that remove barriers to competition among existing and prospective
telecommunications providers, and which treat providers in a competitively
neutral and nondiscriminatory manner;
F.
To ensure a fair assessment and assignment of the full cost of installation,
maintenance, and repair of telecommunications facilities, and the
value and use by telecommunications providers of the right-of-way,
a valuable and limited municipal asset;
G.
To require that telecommunications facilities and accessory equipment
are installed in such a way as to mitigate visual, environmental,
and neighborhood impacts, to minimize unsightly encumbrances in the
right-of-way and to promote the least intrusive facilities possible,
with particular attention to facilities located in historic districts
and areas or adjacent to or near historic structures where facilities
shall be installed in a manner that is aesthetically appropriate for
the location;
H.
To ensure that all installations of telecommunications facilities,
accessory equipment, and related work pursuant to this chapter are
done safely and completed in a manner consistent with all applicable
laws;
I.
To preserve the City's right to manage the right-of-way and,
in light of the ever-increasing number of uses of the right-of-way
by telecommunications providers as well as utilities and other users,
to ensure that the City retains the ability to effectively manage
and coordinate these uses in the limited space available; and
J.
To protect the public health, safety, and welfare with respect to
the use of the right-of-way by telecommunications providers and owners
or lessees of telecommunications facilities.
For the purpose of this chapter, the following terms shall have
the meanings stated below:
When an owner of a telecommunications facility permanently
or substantially ceases all business activity associated with its
facilities or accessory equipment, or fails to comply with ongoing
permit or lease terms, or lets facilities and accessory equipment
fall into disrepair without timely cure.
Any equipment serving or being used in conjunction with a
telecommunications facility. This equipment includes, but is not limited
to, utility or transmission equipment, power supplies, generators,
batteries, cables, equipment buildings, cabinets, storage sheds, shelters,
vaults, or other structures. This definition excludes equipment owned
by a utility installed for the sole purpose of providing electricity.
The Commissioner of the Department of Environmental Services,
or the Commissioner's designee, or an administrator as designated
by the Mayor responsible for administering this chapter and other
related duties.
A person that directly or indirectly owns or controls, is
owned or controlled by, or is under common ownership or control with
another person.
A device used to transmit and/or receive radio or electromagnetic
waves for the provision of services, including, but not limited to
cellular, paging, personal communications services (PCS) and microwave
communications. Such devices include, but are not limited to, directional
antennas such as panel antennas, microwave dishes, and satellite dishes;
omnidirectional antennas; wireless access points (Wi-Fi); and strand-mounted
wireless access points. This definition does not apply to broadcast
antennas, antennas designed for amateur radio use, or satellite dishes
designed for residential or household purposes.
Any telecommunications provider, utility, owner of telecommunications
facilities or other entity requesting permission to install or excavate
for placement of telecommunications facilities in the right-of-way.
A structure built for a purpose other than the installation
of telecommunications facilities, upon which telecommunications facilities
are subsequently installed.
The means and methods by which telecommunications facilities
and accessory equipment are designed to conceal the equipment and
blend the installation with the surrounding environment accomplished
by requiring the use of one or more of the following concealment elements
as set forth in more detail in the rules and regulations:
Radio frequency equipment screening;
Approved, specific colors;
Minimizing the size of the facilities or site;
Integrating the installation into existing infrastructure;
Installing new infrastructure that matches existing infrastructure
in the area surrounding the proposed site and dedicating the new infrastructure
to the City;
Modifying the installation location;
Using alternative structures such as man-made trees, clock towers,
bell steeples, or other alternative design mounting structures that
conceal the presence of the telecommunications facilities in a manner
that is appropriate to the location;
Embedded or underground facilities, including but not limited
to use of smart poles;
Landscaping; or
Mirroring existing structural elements or design.
A portable self-contained telecommunications facility that
can be moved to a location and set up to provide wireless services
on a temporary or emergency basis. A COW is normally vehicle-mounted
and contains a telescoping boom as the antenna support structure.
"COW" does not include equipment for broadcasting live television
coverage.
The City of Rochester, New York.
The Common Council of the City of Rochester, New York.
Includes all real property owned by the City, other than
the right-of-way and utility easements as those terms are defined
herein, and all property held in a proprietary capacity by the City,
that is not subject to right-of-way licensing as provided in this
chapter.
With respect to underground facilities, co-location shall
mean the existence or placement of telecommunications facilities or
accessory equipment by two or more telecommunications providers within
the same conduit, duct, or similar facility, which avoids the excavation
or substantial disturbance of the right-of-way. With respect to overhead
facilities, "co-location" shall mean the mounting, installation or
placement of telecommunications facilities and accessory equipment
on a pole or structure shared with one or more telecommunications
providers.
The Commissioner of Environmental Services of the City of
Rochester.
One calendar day.
A network of one or more antenna and fiber optic nodes connecting
to a common base station or hub.
A condition that poses an imminent threat to life or property,
including a disruption in service.
Electromagnetic frequency.
Any movement or removal of earth, rock, pavement, right-of-way
fixtures, or other materials in or on the ground.
The height of a base station as originally approved for telecommunications
facilities or as of the most recent modification that received regulatory
approval prior to the passage of the Spectrum Act. Height shall be
measured from natural grade to the top of all appurtenances.
See "telecommunications facility."
Any and all applicable federal laws, state laws, local ordinances,
resolutions, regulations, administrative orders, or other legal requirements.
Any right and privilege or the renewal thereof awarded or granted by the City Council pursuant to § 5-23 of the City Charter and this chapter to any person who occupies the rights-of-way of the City for the purpose of providing telecommunications services or for the purpose of installing telecommunications facilities. For purposes of this chapter, the term "license" shall include the term "franchise" as used in existing addendums to right-of-way permits, pole attachment agreements, and other right-of-way agreements between the City and telecommunications providers.
Any person that holds a license to occupy the right-of-way.
A radio coverage cell that provides the largest area of coverage
within a mobile network. The antennas for macrocells are generally
mounted on ground-based masts, rooftops or other existing structures,
at a height that is not obstructed by terrain or buildings. They provide
radio coverage over varying distances depending on the frequency used,
the number of calls made and the physical terrain. Macrocells have
a typical power output in hundreds or thousands of watts.
An agreement entered into between any person requiring registration
and the City that authorizes and governs the installation of telecommunications
facilities and accessory equipment in the right-of-way and related
requirements and responsibilities.
Any change to an existing telecommunications facility or
accessory equipment not authorized by the permit.
City-owned light poles, poles installed by the City specifically
for the placement of telecommunications facilities, lighting fixtures,
electroliers, handholes, manholes, fiber optic strands, conduit and
other City-owned structures or equipment located within the right-of-way.
The highways, streets, alleys, utility easements or other
rights-of-way within the City, but under the jurisdiction and control
of a governmental entity other than the City.
Includes utility poles, utility facilities and telecommunications
facilities located above the surface of the ground within the right-of-way,
including the surface or underground supports or foundations for such
facilities.
Authorization granted by the City Engineer under Chapter 104 of the Code of the City of Rochester to perform specified alteration, excavation, installation, construction, repair or any other work whatsoever in the right-of-way. The term "permit" includes any additional terms and conditions added to the permit.
Any person, utility or telecommunications provider that has
obtained permission through the issuance of a permit from the Department
of Environmental Services to make any excavation or otherwise locate,
install or place facilities in the right-of-way.
Any individual, association, firm, partnership, corporation,
joint-stock company, limited liability company or other legal entity.
The requirement that, except as otherwise provided herein, any person engaged in the business of transmitting, supplying or furnishing of telecommunications services originating or terminating in the City and/or occupying the right-of-way for the purpose of supplying or installing facilities to provide telecommunications services in or outside the City shall register with the City pursuant to Article II of this chapter.
The area on, below, or above a City-owned or controlled street,
roadway, alley, bridge, tunnel, waterway or sidewalk, including the
curbs, gutters, catch basins and related facilities adjacent thereto
and any utility easements owned or controlled by the City.
The rules and regulations for work in the right-of-way, and
any amendments thereto, as adopted by the City Engineer.
A financial instrument, including a letter of credit, certified
check, cash, bond or other formal assurance used to guarantee that
permit work will be properly performed and completed, that any right-of-way
restoration work will be completed and maintained as required by this
chapter, and that all fees and compensation owed to the City are paid
in full. Such security shall be in a form approved by the Director
of Finance or the Corporation Counsel.
The specific area occupied by telecommunications facilities,
accessory equipment, and any structure supporting the telecommunications
facilities.
An umbrella term for low-powered radio access nodes, including
those that operate in licensed spectrum and unlicensed carrier-grade
Wi-Fi. Small cell technology includes, but is not limited to, femtocells,
picocells, microcells, metrocells and distributed antenna systems,
which provide a network densification solution that offloads traffic
from the macro network to add capacity.
A modular, multifunctional pole, as approved by the City
Engineer, which enables small cell deployment as well as other wireless
applications and services, designed to accept embedded wireless equipment
within the pole structure, with no external or attached equipment.
Smart poles are deemed to comply with and satisfy any camouflage requirements
of this chapter or the rules and regulations.
The Middle Class Tax Relief and Job Creation Act of 2012,
Pub. L. No. 112-96.
Changes to telecommunications facilities or accessory equipment
that increase the number of antennas, increase the size of the antennas,
increase the EMF output of the telecommunications facilities, or modify
any existing telecommunications facilities or structures that include
the following:
Increase in the structure's existing height by more than
10% or 10 feet, whichever is greater;
Installation of new facilities or accessory equipment that protrudes
from the edge of any pole or the structure;
Installation of any new equipment cabinets;
Any excavation or deployment outside the current site as permitted;
Changes that defeat the existing camouflage elements of the
telecommunications facility; or
Other changes that do not comply with conditions of the prior
approval of the telecommunications facility unless the changes do
not exceed the above thresholds.
The plant, equipment and property, including but not limited
to cables, wires, fiber optic strands, conduits, pipes, ducts, dishes,
pedestals, poles, antennas, radio equipment, electronics and other
appurtenances, including both underground and overhead facilities,
used or to be used to transmit, receive, distribute, support, provide
or offer FCC licensed or FCC authorized telecommunications services.
Any person who provides telecommunications service over telecommunications
facilities. This definition shall not include the City or the County
of Monroe or other government agencies, with respect to telecommunications
facilities used for the provision of telecommunications services for
governmental or public benefit purposes.
The providing or offering for rent, sale or lease, or in
exchange for other value received, of any service or telecommunications
facilities that includes the transmission and/or distribution of voice,
data, image, graphic or video programming information between or among
points by wire, cable, fiber optics, laser, microwave, radio, satellite
or similar facilities, with or without benefit of any closed transmission
medium.
Solely for the purpose of this chapter, a utility is an entity
that is certified by the New York State Public Service Commission
to provide or install any facilities for the delivery of electricity,
oil, gas, Internet, programming, or other similar data transfer service,
including any utility owned or operated by another city, county, or
other governmental agency to the extent allowed by law. For the purpose
of this chapter, utilities shall also include companies providing
cable television services. City-owned utilities and facilities installed
in the right-of-way are exempt from the provisions of this chapter.
Any easement acquired, established, dedicated or devoted
for public utility purposes.
Includes all labor, materials, equipment, services, and all
other things necessary to install within, excavate, or restore the
right-of-way, all of which is subject to the determination and requirements
of the City Engineer.
