This part implements Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 ("Spectrum Act"), as interpreted by the Federal Communications Commission's ("FCC" or "Commission") Acceleration of Broadband Deployment Report and Order, which requires a State or local government to approve any eligible facilities request for a modification of an existing tower or base station that does not result in a substantial change to the physical dimensions of such tower or base station.
(Ord. 1048, Sec. 2 (Att. A), 2019)
(a) 
Sole and Exclusive Procedure. The provisions in this section and Section 14.62.210 shall be the sole and exclusive procedure for review and approval of a proposed facilities modification which the applicant asserts are subject to review under Section 6409 (Spectrum Act). To the extent that other provisions of the City code establish a parallel process for review and approval of a project permit application for a proposed facilities modification, the provisions of this chapter shall control. If any part of an application for project permit approval includes a proposed facilities modification, the proposed facilities modification portion of the application shall be reviewed under the provisions of this chapter. If an application for project permit approval includes a proposal to modify an eligible support structure, and the applicant does not assert in the application that the proposal is subject to review under Section 6409, such proposal shall not be subject to review under this section and may be subject to review under other applicable provisions of the City code.
(b) 
Illegal Structures. EFMs do not apply to structures that were never permitted if a permit was required by the City or County code applicable at the time of construction.
(c) 
Replacement of Eligible Support Structure. This part shall not apply to a proposed facility modification to an eligible support structure that will involve replacement of a tower or base station.
(d) 
First Deployment - Base Station. This part shall not apply to a proposed facility modification to a structure, other than a tower, that does not, at the time of submittal of the application, already house or support a WCF lawfully installed within or upon, or attached to, the structure.
(e) 
Interpretation. Interpretations of this part and chapter shall be guided by Section 6409; the FCC eligible facilities request rules, the FCC's Report and Order, regarding Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies, WT Docket Nos. 13-238, 13-32; WC Docket No. 11-59; FCC 14- 153.
(Ord. 1048, Sec. 2 (Att. A), 2019)
A proposed eligible facilities modification will substantially change the physical dimensions of an eligible support structure if it meets any of the criteria listed in the definition of "substantial change."
(Ord. 1048, Sec. 2 (Att. A), 2019)