As used in this chapter:
ANTENNA
That part of a wireless communications facility designed
to radiate or receive RF signals or electromagnetic waves for the
provision of services, including, but not limited to, cellular, paging,
personal communications services and microwave communications.
APPLICANT
The person applying for a permit under this chapter, including
the applicant's officials, employees, agents, and contractors.
CO-LOCATION
The same as defined by the FCC in 47 CFR 1.40001(b)(2), as
may be amended, which defines that term as the mounting or installation
of transmission equipment on an eligible pole for the purpose of transmitting
or receiving RF signals for communications purposes. As an illustration
and not a limitation, the FCC's definition effectively means
"to add" and does not necessarily refer to more than one wireless
communication facility installed at a single site.
COMMUNICATIONS FACILITY
Collectively, the equipment at a fixed location or locations
within a City right-of-way that enables communications services, including:
A.
Radio transceivers, antennas, coaxial, fiber-optic or other
cabling, power supply, backup battery, and comparable equipment, regardless
of technological configuration; and
B.
All other equipment associated with any of the foregoing. A
communications facility does not include the pole, tower or support
structure to which the equipment is attached.
COMMUNICATIONS SUPPORT STRUCTURE
A proposed or existing pole located in the City right-of-way
or a pole proposed to replace an existing pole in the right-of-way
to which communications facilities are attached or proposed or intended
to be attached.
DIRECTOR
The Director of Public Works or his or her designee.
FCC
The Federal Communications Commission.
PERMITTEE
The person that receives a permit to work in or install facilities,
equipment or structures in the right-of-way under this chapter and
the person that owns facilities, equipment or structures permitted
to be installed under this chapter, including the permittee's
officials, employees, agents, and contractors.
POLE
A single shaft of wood, steel, concrete, or other material
at least 26 feet tall and capable of supporting the equipment mounted
thereon in a safe and adequate manner, including a privately owned
utility pole.
RF
Radio frequency or electromagnetic waves between 30 kHz and
300 GHz in the electromagnetic spectrum range.
An application for a permit under this chapter shall not be
accepted by the Director unless and until the required information
is furnished, together with the necessary plans and specifications.
In cases where the plans and specifications submitted to the
Director do not meet the minimum construction standards as provided
in this chapter, or if unusual conditions require a special determination
by the Director as to type of construction, the plans and specifications,
with necessary revisions noted appropriately thereon, shall be returned
to the applicant for revision and resubmission.
The Director, upon receipt of a complete application for a permit, shall review the plans and specifications of the proposed project and consider any public comment on the application and, if satisfied that the plans meet the minimum construction standards as provided in Article
IV and all other requirements of this chapter and associated administrative regulations have been complied with, shall issue a permit. The Director may require modifications to a proposed project before granting a permit and impose conditions when granting a permit. The Director may condition the issuance of a permit upon the applicant's payment of an escrow deposit or obtaining a bond to cover costs of possible damage or other related problems to public property be paid to the City. The amount of the escrow deposit or bond shall be determined by the Director based on the project and shall be refunded after completion of the project with the approval of the Director, except as provided otherwise in this chapter.
If a new subdivision or resubdivision is required, then no construction
permit shall be issued by the Director unless and until the Director
has evidence in writing from the Maryland-National Capital Park and
Planning Commission that a preliminary plan and profiles and grades
for the subdivision in which the proposed highway, road, street or
alley construction is located has been approved by the Park and Planning
Commission and by the Washington Suburban Sanitary Commission, as
applicable.
Fees paid by any permittee whose permit has expired or become
invalid shall not be credited against the fees required for a new
permit of the permittee. Fees for expired and invalid permits shall
not be returnable.
Permits shall be valid for a period of six months from the date
of issuance. If any work under a permit has not been commenced within
this period, the permit shall be invalid, and a new permit required
before the project may be commenced.
The Director may establish, by regulation, rental fees associated
with the use or placement of communications facilities and/or communications
support structures owned by the City or those located on City owned
property, which shall be assessed to permittees as specified in said
regulations.
In addition to compliance with the requirements of this chapter,
upon approval, all permittees and facilities shall be subject to each
of the following conditions of approval, as well as any modification
of these conditions or additional conditions of approval deemed necessary
by the Director:
A. If new technology becomes available that reduces noise, RF emissions,
or energy usage or that reduces the size, visibility or obtrusiveness
of a facility, the permittee shall replace outdated facilities with
current industry-standard facilities, after receiving all necessary
permits and approvals.
B. The permittee shall submit and maintain current at all times basic
contact and site information on a form to be supplied by the City.
The permittee shall notify the City of any changes to the information
submitted within seven days of any change, including change of the
name or legal status of the owner or operator, and the emergency contact
information shall be updated on the pole as expeditiously as possible.
This information shall include, but is not limited to, the following:
(1) Identity, including the name, address and twenty-four-hour contact
phone number of the permittee, the owner, the operator, and the agent
or person responsible for the maintenance of the facility; and
(2) The legal status of the owner of the communications facility or communications
structure, including official identification numbers and FCC certification
if applicable.
C. The permittee shall provide the City with emergency contact information
and promptly respond to emergencies relating to its communications
facilities and communications support structures.
D. The permittee shall ensure that the facility, as mounted with any
co-located facilities, complies with the most current industry standards
for size and regulatory and operational standards that reduce noise,
RF emissions, or energy usage or that reduce the size, visibility
or obtrusiveness of a facility including, but not limited to, RF emissions
standards adopted by the FCC. Within 10 days upon commencement of
operations, the permittee must submit a technically sufficient written
report by a qualified independent RF emissions engineer, certifying
that the facility is in compliance with such FCC standards.
E. If, at any time, the Director determines there is good cause to believe
that the facility, as mounted with any co-located facilities, may
emit RF emissions that are likely to exceed FCC standards, the Director
may require the permittee to submit, within 10 days, a technically
sufficient written report certified by a qualified independent RF
emissions engineer, certifying that the facility is in compliance
with such FCC standards.
F. The permittee shall pay for and provide a performance bond, which
shall be in effect until the facilities are fully and completely removed
and the site reasonably returned to its original condition, to cover
permittee's obligations under these conditions of approval and
the City Code. The bond coverage shall include, but not be limited
to, removal of the facility, and maintenance obligations. The amount
of the performance bond shall be set by the Director in an amount
reasonably related to the obligations covered by the bond and shall
be specified in the conditions of approval.
G. The permittee shall indemnify and hold harmless the City from any
claims arising from the installation and presence of the communications
facilities and communications support structures and shall maintain
liability insurance naming the City as additional insured in coverage
amounts determined by the Director until the facilities are fully
and completely removed.
H. The permittee shall defend, indemnify, protect and hold harmless
the City, its officers, officials, agents, consultants, employees,
and volunteers from and against any and all claims, actions, or proceedings
against the City and its officers, officials, agents, consultants,
employees and volunteers to attack, set aside, void or annul an approval
of the City concerning the permit and the project. Such indemnification
shall include damages, judgments, settlements, penalties, fines, defensive
costs or expenses, including, but not limited to, interest, attorneys'
fees and expert witness fees, or liability of any kind related to
or arising from such claim, action, or proceeding. The City shall
promptly notify the permittee of any claim, action, or proceeding
against which the City seeks defense. Nothing contained herein shall
prohibit City from participating in a defense of any claim, action
or proceeding, or revoking a permit and requiring the modification
or removal of an installation. The City shall have the option of coordinating
the defense, including, but not limited to, choosing counsel for the
defense at permittee's expense.
I. Any modification, removal, or relocation of the facility shall be
completed within 90 days of written notification by the City unless
exigencies dictate a shorter period for removal or relocation. Modification
or relocation of the facility shall require a permit. In the event
the facility is not modified, removed, or relocated within said period
of time, the City may cause the same to be done at the sole cost and
expense of permittee. Further, due to exigent circumstances, the City
may modify, remove, or relocate wireless communications facilities
without prior notice to permittee, provided permittee is notified
within a reasonable period thereafter.
J. All work performed by the permittee in connection with the installation, connection, maintenance, modification, or removal of the communications facilities and support structures shall comply with Chapter
79, Noise, and the provisions of the Maryland Vehicle Law regarding the idling of vehicles, and the storage and staging of equipment shall be conducted in conformity with any requirements established for the work by the Director.
K. The permittee shall, at its sole expense, keep its communications
facilities and communications support structures in a safe condition
and in good and neat order and repair.
L. The permittee shall repair, restore, or replace any portion of the
right-of-way that is damaged by its communications facilities and
communications support structures or the installation or maintenance
thereof. The permittee authorizes the City to repair, restore, or
replace the damaged portion of the right-of-way and shall reimburse
the City for the costs incurred if the permittee fails promptly to
perform the work.
M. The City retains the right to cut or remove any communications facilities
and communications support structures it deems necessary in response
to a public emergency, and the permittee shall be responsible for
the cost of restoration.
N. The permittee promptly shall relocate or remove and replace, as appropriate,
its communications facilities and communications support structures
upon written request by the City when the City determines that the
facility or structure materially interferes with the City's use
of the right-of-way. The permittee authorizes the City to remove its
communications facilities and communications support structures and
shall reimburse the City for the costs incurred if the permittee fails
promptly to respond to a request from the City.
O. If the permittee ceases to operate or abandons any of its communications
facilities or communications support structures, it shall remove them
within 60 days. If the permittee fails to remove the abandoned facilities
or support structures, the City may perform the work and collect the
reasonable cost thereof from the permittee.
P. All conditions of approval shall be binding as to the applicant,
permittee and all successors in interest.
The owner of a communications facility or support structure
shall pay an annual right-of-way maintenance and administration fee
within 15 days of the approval of the permit application and on the
anniversary date of the permit approval each year thereafter.
The Director, in consultation with the City Administrator, may
waive or reduce application and annual right-of-way maintenance and
administration fees for communications facilities and support structure
installations and provide other benefits, excluding any that would
weaken health and safety protections, to applicants and permittees
in exchange for public benefits to be provided by the applicant or
permittee, including, but not limited to, the installation of communications
facilities and support structures in underserved locations and the
installation of connections to or discounted service for multifamily
rental facilities.
The Director shall endeavor to promulgate regulations to implement
this chapter within 90 days. Such regulations shall include, but shall
not be limited to, establishing application fees and right-of-way
maintenance and administration fees, requiring the posting of public
notice of work in the right-of-way, requiring the entity performing
work in the right-of-way to attend a preconstruction meeting, requiring
that the timing of nonemergency work in the right-of-way be coordinated
to minimize traffic disruption or complications resulting from other
construction activity taking place in the City, establishing time
frames for permit review, and establishing maximum volumes and dimensions
for antennas, equipment cabinets, and other communications facilities
and support structures.