(a) 
Purpose.
The purpose of this article is to establish policies and procedures for the placement of node support poles, network nodes, and transport facilities in the public right-of-way and on poles within the city's jurisdiction, that will provide public benefits and will be consistent with the preservation of the integrity, safe usage, and visual qualities of the city public right-of-way and the city as a whole.
(b) 
Intent.
In enacting this article, the city is establishing uniform standards for obtaining permits for the placement of node support poles, network nodes, and transport facilities within the city, and balancing the need of the city to properly manage the public right-of-way with the needs and rights of network providers seeking to improve the services they provide.
(c) 
Relationship with chapter 284.
This article is not meant to conflict in any way with Texas Local Government Code chapter 284, and any interpretation or application of this article shall be consistent with that chapter. All of the provisions, requirements, and duties contained in chapter 284 of the Texas Local Government Code are in full force and effect, and the provisions, requirements, and duties contained herein are in addition thereto.
(Ordinance 17 adopted 9/–/2017)
All terms used in this article, not specifically defined herein, have the meaning provided in Texas Local Government Code section 284.002.
City code
means ordinance provisions relevant to use of the public right-of-way adopted by the city.
Day
means a calendar day.
Network node
means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term includes (i) equipment associated with wireless communications; (ii) a radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration; and (iii) coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation. The term does not include (a) an electric generator; (b) a pole; or (c) a macro tower.
Network provider
means (i) a wireless service provider; or (ii) a person that does not provide wireless services and that is not an electric utility but builds or installs network nodes, node support poles, or any other structure that supports or is capable of supporting a network node on behalf of a wireless service provider.
Person
means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization.
Public right-of-way
means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the city has an interest. The term does not include a private easement or the airwaves above a public right-of-way with regard to wireless telecommunications.
(Ordinance 17 adopted 9/–/2017)
(a) 
Permit required.
No person shall place, construct, modify, maintain, operate, relocate, or remove a network node, node support pole, or transport facility in the public right-of-way, including on or within already existing poles or facilities, without first obtaining a permit therefor from the city in compliance with Texas Local Government Code chapter 284, subchapter D, and this article.
(b) 
Application for permit.
(1) 
All permit applications filed shall be on a form, paper or electronic, provided by the city. The application shall be made by the network provider or its duly authorized representative and shall contain the following information:
(A) 
The network provider's name, address, telephone number, and e-mail address.
(B) 
Construction and engineering drawings and other information confirming that the construction will be consistent with the city code and all other applicable law.
(C) 
A certificate that any proposed network node complies with applicable regulations of the Federal Communications Commission.
(D) 
Certification that any proposed network node will be placed into active commercial service by or for the network provider not later than 60 days after the date the construction and final testing of the network node is complete.
(E) 
Copies of an analysis or study establishing that the proposed network node, node support pole, or transport facility will not cause any harmful radio frequency interference with any telecommunications operation of the city.
(F) 
Any other information requested by the city that is reasonably related to the network provider's use of the public right-of-way.
(2) 
The network provider may designate portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly.
(c) 
Review of applications.
The city shall review all applications according to the standards, and within the time limits, described below.
(1) 
Not later than the thirtieth (30th) day after the date the city receives an application for a permit for a network node or node support pole, or the tenth (10th) day after the date the city receives an application for a transport facility, the city shall determine if the application is complete and notify the applicant of that determination. If the city determines that the application is not complete, the city shall specify what information is missing.
(2) 
The city shall approve or deny an application for a node support pole not later than the one hundred and fiftieth (150th) day after receiving a complete application.
(3) 
The city shall approve or deny an application for a network node not later than the sixtieth (60th) day after receiving a complete application.
(4) 
The city shall approve or deny an application for a transport facility not later than the twenty-first (21st) day after receiving a complete application.
(5) 
If the city denies a complete application, it shall document the basis for denial, including the specific applicable code provisions or other rules, regulations, or law on which the denial was based. The city shall send the documentation by electronic mail to the applicant on or before the date the city denies the application.
(6) 
An applicant whose application has been denied may cure the deficiencies identified by the city and resubmit the application no later than the thirtieth (30th) day after the date the city denied the application.
(7) 
The city's review of a revised application is limited to the deficiencies cited in the denial documentation. The city shall approve or deny a completed revised application no later than the ninetieth (90th) day after the date the completed revised application is received.
(d) 
Application fees.
All applications for permits for network nodes shall be accompanied by a fee as provided for in the fee schedule adopted by the city, consistent with Texas Local Government Code section 284.156(b). All applications for permits for node support poles shall be accompanied by a fee as provided for in the fee schedule adopted by the city.
(e) 
Consolidated application.
If a consolidated application for placement of 2 to 30 network nodes is submitted, the city may deny the entire application based on any deficiencies found within the application, even though those deficiencies do not affect all nodes included in the application.
(f) 
Cure following denial.
If a network provider's application is denied, and the network provider cures the deficiencies identified by the city and resubmits its application, the network provider must pay the actual costs incurred by the city as a result of the resubmission, to be determined on a case-by-case basis.
(Ordinance 17 adopted 9/–/2017; Ordinance adopting 2022 Code)
(a) 
Payment of fees required.
Network providers installing equipment in the public right-of-way shall pay to the city the following public right-of-way fees established by chapter 284 of the Texas Local Government Code and adopted herein. The obligation to pay these right-of-way fees is separate and apart from any permit application fee that may be required.
(1) 
Transport facilities.
A network provider shall pay the city a monthly public right-of-way fee for transport facilities placed in the public right-of-way at the rate provided for in the fee schedule adopted by the city, multiplied by the number of the network provider's network nodes located in the public right-of-way, consistent with Texas Local Government Code section 284.055(b)(2).
(2) 
Network nodes.
Once a network provider has installed and made operational a network node in the public right-of-way, the network provider shall pay to the city compensation for use of the public right-of-way in the amount provided for in the fee schedule adopted by the city, annually, per node in the public right-of-way, consistent with Texas Local Government Code section 284.053.
(3) 
Use of service poles.
If a network provider places network nodes on service poles within the city limits, the network provider shall pay the city an annual fee as provided for in the fee schedule adopted by the city, per year, per service pole utilized, consistent with Texas Local Government Code section 284.056.
(b) 
Rate increase.
The city may increase the rates provided for in this section consistent with Texas Local Government Code section 284.054.
(c) 
Ceasing payment.
A network provider may stop paying the fees contained in this section for specific network nodes or transport facilities when such node or facility is no longer in use due to the occurrence of a situation described in section 10.04.007, below.
(Ordinance 17 adopted 9/–/2017; Ordinance adopting 2022 Code)
(a) 
A network provider is not required to apply for and obtain a permit or to pay a fee for the following activities:
(1) 
Routine maintenance that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way;
(2) 
The replacement or upgrading of a network node or pole with a node or pole that is substantially similar in size or smaller and that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way;
(3) 
The installation, placement, maintenance, operation, or replacement of micro network nodes that are strung on cables between existing poles or node support poles, in compliance with the National Electrical Safety Code.
(b) 
Before engaging in any of the activities described by this section, the network provider shall provide written notice to the city, describing the work to be done and the location of the work, at least thirty (30) days before the work will commence.
(Ordinance 17 adopted 9/–/2017)
(a) 
Advance written approval.
A network provider shall obtain written approval from the city before:
(1) 
Installing a new node support pole in a public right-of-way if the public right-of-way is in a municipal park or is adjacent to a street or thoroughfare that is (i) not more than 50 feet wide, and (ii) adjacent to single-family residential lots or other multi-family residences or undeveloped land that is designated for residential use by zoning or deed restrictions.
(2) 
Collocating new network nodes or installing new node support poles in an area of the city zoned or otherwise designated as a historic district.
(b) 
Written agreement.
A network provider must enter into a written agreement with the city before collocating network nodes on service poles or on city-owned utility poles.
(Ordinance 17 adopted 9/–/2017)
(a) 
Notice by city to disconnect or remove.
Within 90 days following written notice from the city, a network provider shall, at its own expense, temporarily or permanently disconnect, remove, relocate, change or alter the position of any network node, node support pole, or transport facility within the public right-of-way whenever the city has determined that such removal, relocation, change or alteration is reasonably necessary for the construction, repair, maintenance, or installation of any city improvement in or upon, or the operations of the city in or upon, the public right-of-way.
(b) 
Emergency removal or relocation of facilities.
The city retains the right and privilege to disconnect or move any network node, support pole, or transport facility located within the public right-of-way of the city, as the city may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the city shall notify the network provider and allow the network provider an opportunity to move its own facilities prior to the city disconnecting or removing a facility and shall notify the network provider after disconnecting or removing a network node, support pole, or transport facility.
(c) 
Abandonment of facilities.
A network provider shall notify the city of its intent to abandon or disconnect a network node, node support pole, or transport facility within the public right-of-way, and shall do so in writing no less than 60 days before such abandonment or disconnection. Following receipt of such notice, the city may direct the network provider to remove all or any portion of a network node, node support pole, or transport facility if the city, or any of its departments, determines, subject to the city code, that such removal is necessary to protect public health, safety and welfare.
(Ordinance 17 adopted 9/–/2017)
The city may choose to adopt a design manual as allowed by Texas Local Government Code section 284.108. A network provider shall comply with the city's design manual, if any, in place on the date a permit application is filed in relation to work for which the city has approved a permit application.
(Ordinance 17 adopted 9/–/2017)