HomeMy WebLinkAbout04052022 PC PacketCENTRAL
POINT
I. MEETING CALLED TO ORDER
II. PLEDGE OF ALLEGIANCE
PLANNING COMMISSION AGENDA
April 5, 2022 - 6:00 p.m.
Email planning a@centralpointorepon. gov
to request a Zoom link for virtual participation
III. ROLL CALL
Planning Commission members, Tom Van Voorhees (chair), Amy Moore, Jim Mock, Pat
Smith, Kay Harrison, Brad Cozza, Robin Stroh
IV. CORRESPONDENCE
V. MINUTES
Review and approval of the March 1„ 2022 Planning Commission meeting minutes.
VI. PUBLIC APPEARANCES
VII. BUSINESS
/0
Vill. DISCUSSION
A. Mobile Food Businesses Code Amendments. Discussion of additional revisions to CPMC
5.44, Mobile Food Businesses and various sections Title 17, Zoning recommended following
legal review. File No. ZC-21003.
B. Rewite 2022 Zoning Code Update Project. Information session and discussion concerning
small wireless facilities regulation. File No. ZC-22001.
IX. ADMINISTRATIVE REVIEWS
X. MISCELLANEOUS
A.
XI. ADJOURNMENT
Individuals needing special accommodations such as sign language, foreign language interpreters or equipment for the hearing impaired
must request such services at least 72 hours prior to the Planning Commission meeting. To make your request, please contact the City
Recorder at 541-423-1026 (voice), or by e-mail at: deanna.casvy[ ggtllralp into
f_q&on�EVy .
Si necesita traductor en espaflol o servicios de discapacidades (ADA) para asistir a una junta publica de la ciudad por favor Ilame con
72 horas de anticipaci6n al 541-664-3321 ext. 201.
City of Central Point
Planning Commission Meeting Minutes
March 1, 2022
MEETING CALLED TO ORDER AT 6:00 P.M.
11. Pledge of Allegiance
Ill. ROLL CALL
Commissioners Tom Van Voorhees (chair), Jim Mock (via zoom), Kay Harrison, Pat
Smith, and Brad Cozza were present.
Also in attendance were Planning Director Stephanie Holley, Community Planner Justin
Gindlesperger, Public Works Director Matt Samitore (via zoom) and Planning Secretary
Karin Skelton
IV. CORESPONDENCE
Revised attachment "A" to staff report
V. MINUTES
Kay Harrison made a motion to approve the January 11, 2022 minutes as presented. Pat
Smith seconded the motion. ROLL CALL: Kay Harrison, yes; Jim Mock, yes; Pat Smith
yes; Brad Cozza, yes. Motion passed.
VI. PUBLIC APPEARANCES
None.
VII. BUSINESS
A. Public Hearing and consideration of text amendments adding
Central Point Municipal Code (CPMC) Chapter 5.44 to provide standards
and application requirements for placement of mobile food vendors inside
the city limits. Applicant: city of Central Point. File No. ZC-21003.
Approval Criteria: CPMC 17.10, Zoning Text Amendments. (Gindlesperger)
Chair Tom Van Voorhees read the rules for a legislative hearing. The Commissioners
had no conflict of interest to declare.
Community Planner Justin Gindlesperger stated this hearing is for the purpose of
adding chapter 5.44 to the City's Municipal Code to consolidate all mobile food vendor
regulations in one location. He reviewed the background, including comments and
concerns from both the Citizen's Advisory Committee and the Planning Commission_
He stated the primary issue is to establish clear standards for the expanded use of
mobile food businesses that are consistent with statewide planning goals and the
Central Point Comprehensive Plan.
Planning Commission Minutes
March 1, 2022
Page 2
Mr. Gindlesperger reviewed the proposed amendments including the types of vendors
and allowable locations, He described the review procedures and approval criteria.
He noted in the revised Attachment "A" there were three small revisions.
The commissioners discussed the review procedures and suggested minor edits
clarifying the language, aligning utility requirements to the Fire Code and expanding
morning hours of operation for specialty food vendors.
Stephanie Holtey explained the mobile food vendors regulations were tied to the review
process for business licenses. She said any issues would be addressed during the
review process for each application.
The public hearing was opened
There were no public comments
The public hearing was closed.
Kay Harrison made a motion to approve Resolution 893 with the revised attachment "A"
and the inclusion that the food vendors be consistent with the fire code. Pat Smith
seconded the motion.
The Commissioners noted the motion should be revised to include the three specific
changes in the Revised Attachment "A" and revisions to clarify language aligning utility
requirements with the Fire Code and expanding hours of operation for specialty food
vendors.
. ROLL CALL: Kay Harrison, no; Jim Mock, no; Pat Smith no; Brad Cozza, no. Motion
did not pass.
Brad Cozza made a motion to approve Resolution 893 forwarding a favorable
recommendation to the City Council to approve the amendments to Chapter 5.44 —
Mobile Food Businesses of the Central Point Municipal Code with the revisions set forth
in the Revised Attachment A and including Planning Commission revisions to clarify
language aligning utility requirements with the Fire Code and expanding hours of
operation for specialty food vendors. Kay Harrison seconded the motion. ROLL CALL:
Kay Harrison, yes; Jim Mock, yes; Pat Smith yes; Brad Cozza, yes. Motion passed
VIII. DISCUSSION
VIII. ADMINISTRATIVE REVIEWS
X. MICELLANEOUS
DEVELOPMENT UPDATE
Planning Commission Minutes
March 1, 2022
Page 3
• Stephanie Holtey said the zoning code update is going more slowly than expedited as
staff has had to focus on the State's Transportation Planning requirements.
■ CAC is meeting in April and will be discussing the City's public engagement and
involvement program.
• White Hawk is changing their name and has to have it approved prior to beginning
development.
PLANNING COMMISSION REPORTS
There were no reports
X, ADJOURNMENT
Kay Harrison moved to adjourn the meeting. Pat Smith seconded the motion. Meeting
was adjourned at 7:00 p.m
Tom Van Voorhees, Planning Commission Chair
MOBILE FOOD VENDORS
PLANNING
CI 1 Y Uh CtNI RtiL PUIYIr. URLb0N
To: Planning Commission
From: Justin Gindlesperger, Community Planner II
Stephanie Holtey, Planning Director
Re: Mobile Food Businesses Text Amendments
Memorandum
Planning Commission Discussion
Mobile Food Vending Text Amendments
File No.: ZC-21003
April 5, 2022
On March 3, 2022, the Planning Commission considered mobile food business text amendments
and forwarded them to City Council with a recommendation for approval. The intent of the
amendments was to provide clear standards and application procedures to expand
opportunities for mobile food businesses in the City.
Following the Planning Commission meeting, staff prepared an ordinance with the
recommended changes. During legal review, minor modifications were made to the mobile food
business text amendments for clarity. However, a few questions and changes were suggested
by legal counsel that exceeded the scope of the Planning Commission's recommendation. For
this reason, staff is bringing the mobile food vendors back to the Planning Commission to
provide an overview of the latest revisions as an information item at the April 5, 2022 meeting,
and for formal consideration and public hearing at the May 3, 2022 meeting.
In summary, the recommended changes accomplish the following objectives:
• Clarify the application and permit process for each mobile food business type;
• Remove references to undefined terms in Municipal Code;
Differentiate standards for mobile food vendors and mobile food pods;
• Amend various sections Title 17 —Zoning to align with language in Chapter 5.44.
At the April 51h meeting, staff will present the recommended changes to Chapter 5.44 and the
affected sections in Title 17. At that time staff will address questions by Commissioners, request
feedback and seek direction to schedule the public hearing on May 3,d as proposed.
C.1
REWRITE 2022 CODE UPDATE PROJECT
Aik
PLANNING Memorandum
Small Wireless Facilities Information/Discussion Item
C11Y uh CLIN I RAL PUINI, ORLUGu File No. ZC-22001
April 5, 2022
To: Planning Commission
From: Stephanie Holtey, Planning Director
Re: Rewrite 2022: Zoning Code Update Project
Small Wireless Facilities Information Session & Discussion
In November 2021, the Planning Department initiated a project to review and revise the Central
Point Zoning Ordinance in Title 17. The purpose of the project is to re -organize and streamline
the City's land use and development standards to reflect the community's vision and to comply
with state and regional requirements. Phase 1 of the project includes amendments to the
following sections:
• Title, Purpose
• Zoning District Establishment
• Definitions
• Nonconforming Situations
• Residential Zoning Districts
• Residential Special Use Standards
• Small Wireless Facilities
The April 5" discussion will focus on information pertaining to small wireless facilities. The need
for these changes stems from recent changes to federal law require cities to allow small
wireless facilities in the public right-of-way subject to clear and objective standards. The new
regulations aim to assure that wireless technology providers are subject to clear, objective,
efficient and reasonable application requirements across the nation.
Following consultation with the City attorney, it is recommended that the City base its standards
on the model ordinance and design guidelines published by the League of Oregon Cities in
June 2020. During the April meeting, staff will present model ordinance as an informational item.
Input and feedback from the Planning Commission will be used to begin adapting the model
ordinance into draft language for consideration as part of the Phase 1 Rewrite 2022 Zoning
Code Update project.
Attachments:
Attachment "A" — Small Wireless Facilities Model Ordinance
Attachment "B" — Small Wireless Facilities Model Design Guidelines
N
A 'Zrij,
fireless
Facilities
Model
Ordinance
JUNE 2020
This model was produced in coordination with:
.. T ..Mobile m � AT&T verizomI
A
DISCLAIMER
Any model document provided by the League of Oregon Cities (LOC) is intended to be used as
a starting point in an individual city's development of its own documents. Each city is unique,
and any adopted document or policy should be individually tailored to meet a city's unique
needs. Furthermore, this model is not intended to be a substitute for legal advice. Cities should
consult with their city attorney before adopting any small wireless facility policies to ensure that
they comply with all aspects of federal, state, and local law.
10
Table of Contents
FOREWORD..............................................................,............................................1
SMALL WIRELESS FACILUIES MODEL ORDINANCE.............................................4
ACKNOWLEDGEMENTS...............................................................................................16
APPENDICES...................................................................................................................17
APPENDIX A - SHOTCLOCK INFORMATION.....................................................................................................................17
APPENDIX B - CODE OF FEDERAL REGULATIONS (CFR) CITED THROUGHOUT DOCUMENT ...I ............ I ........ ...19
11
Foreword
Background
On January 31, 2017, Federal Communications Commission ("FCC") Chairman Ajit Pai
established a Broadband Deployment Advisory Committee (BDAC), which he tasked with
making recommendations to the FCC on ways to accelerate the deployment of broadband by
reducing or removing regulatory barriers to infrastructure investment. On September 27, 2018,
the FCC released a Declaratory Ruling and Third Report and Order (FCC 18-133, referred
throughout the document as "Small Cell Order" or "FCC Order") that significantly limits local
authority over small wireless infrastructure deployment and fees for use of the rights -of -way
(ROW). The FCC Order took effect January 14, 2019. The FCC order defines the size
limitations for small wireless facilities (allowing antennas of up to 3 cubic feet each, with
additional equipment not to exceed 28 cubic feet), and specifies that such facilities may not
result in human exposure to radiofrequency radiation in excess of applicable standards in the
FCC's rules (federal statute preempts local regulation of RF emissions). "Small wireless
facilities" are sometimes also called "small cells". Throughout the model code, it is noted when
language is mirrored in the FCC order.
LOC Model Small Wireless Facilities Code
In coordination with many cities,' representatives from Verizon, AT&T, T-Mobile, and the LOC
met from January 2019 to May 2020 to discuss and craft a model code, model design standards
relating to small wireless facilities while there is pending lil gakionx on the FCC Order. 'rho
model code and model design standards are intended to be paired together.
There is no model that will work for every jurisdiction. As such, the LOC's model is intended as
a roadmap to assist local governments in adopting their code. While example language is
included in the sections, the LOC does not intend to suggest these examples could work for
every jurisdiction.
The LOC also recognizes there are many ways to structure a code. The appropriate structure
will vary by jurisdiction. The intent is to allow each jurisdiction to draft the substantive
provisions that best reflect local needs and interests. The LOC recommends that jurisdictions
that own poles or other structures in the rights -of -way establish a clear code for small wireless
facilities. The circumstances of each municipality may, and likely will, require modifications to
the framework and/or example language of this model code.
Placement Within Local Codes
Although many communities have historically handled wireless facility siting through the land
use process, new FCC regulations effectively prohibit these procedures. As explained below, the
most practicable location for small wireless facility regulations may be the city's streets and
highways code rather than its land development code.
'See "Acknowledgements" section for full list of participants.
2In October 2018, the LOC in coordination with other municipalities and municipal leagues filed suit against the
FCC in the U.S. Ninth Circuit Court of Appeals.
12
Oregon state law requires at least one hearing on a land use decision — either in the initial
determination or as an appeal if the initial determination is made without a hearing. These
hearings necessarily require advance public notice, which can add between 10 and 20 days to
the review process.
However, the new shot clock regulations are not only shorter but encompass all appeals related
to the small wireless facility application. The phrase "shot clock" refers to the presumptively
reasonable time frame in which the state or local government should act on a request for
authorization to place, construct, or modify personal wireless service facilities, as defined by the
FCC. The shot clock is 60 days for small wireless facilities on any existing structure and 90 days
for small wireless facilities on new structures. See Appendix A for current shot clocks.
Moreover, the FCC allows for "batched applications" with multiple requests for authorization
filed at the same time. It is simply not practicable to comply with the state's land use
requirements and the FCC's regulations at the same time.
As a result, the current best practice is to place new regulations for small wireless facilities
within the public rights -of -way in the city's streets and highways code rather than its land
development code. For those communities with existing regulations in their land development
codes, an amendment to exempt small wireless facilities in the public rights -of -way from the
land development code (and pointing the reader to the streets and highways code) will also be
needed. Given that the process to amend a land development code is also a lengthy undertaking,
interim regulations administered by the city engineer or public works director may be
appropriate.
ROW Franchise and License Considerations
The model code provisions are not intended to replace local regulations for ROW franchising
and licensing. In most cases, a small wireless facility provider will need both a permit to
construct the small wireless facility and a franchise or license to use the public ROW for the
provision of communication services.
However, cities should note that certain aspects of the FCC's new regulations will impact the
applicability of existing franchise or license requirements to small wireless facilities. For
example, the FCC restricts the annual recurring fees for access to the ROW to the reasonable
approximation of the direct costs created by the small wireless facility. Although not expressly
preempted, the FCC suggests that gross -revenue fees are likely to exceed this limitation.
Accordingly, cities should carefully examine their franchising or licensing requirements when
they consider code amendments for small wireless facilities.
Additional Considerations
The LOC model code only applies to small wireless facilities. Municipalities should review
their existing ordinances, standards and policies to determine if this framework is appropriate.
Municipalities may want to consider whether it would be preferable to adopt a utility -neutral
code covering all utilities and communications providers. Differences in policy choices and
existing standards, among other things, may impact the decision in how to proceed. It is
recommended that cities consult their attorney, right-of-way specialists, engineers, masterplans,
13
comprehensive plans, goals and/or wireless providers before final adoption of this code.
Understanding the Organization of the Model Code
As stated above, the model is best described as an outline or roadmap to assist municipalities in
drafting the appropriate code for their community. The model includes example language to
illustrate the intent of the section. The example language, or a variation thereof, may be
appropriate for final adoption in some jurisdictions.
Finally, there may be additional notes or issues for consideration within the subsections of the
model, which are [bracketed] and in ALL CAPS. These notes are intended as guidance for
municipal drafters, not for adoption in a final ordinance.
14
Small Wireless Facility Model Ordinance
AN ORDINANCE ESTABLISHING STANDARDS FOR SMALL WIRELESS
FACILITIES IN THE RIGHTS -OF -WAY IN THE CITY OF
Preamble
WHEREAS, the City of ("City") desires to encourage wireless infrastructure
investment by providing a fair and predictable process for the deployment of small wireless
facilities, while enabling the City to promote the management of the rights -of -way in the overall
interests of the public health, safety and welfare; and
WHEREAS, the City recognizes that small wireless facilities are needed to deliver wireless
access and capacity to advanced technology, broadband and first responder services to homes,
and businesses, as well as health care, public safety and educational services providers within the
City; and
WHEREAS, the City recognizes that the wireless industry needs small wireless facilities,
including facilities commonly referred to as small cells, deployed in the public rights -of -way;
and
WHEREAS, the City further recognizes that the City must balance the benefits from small cell
infrastructure with its aesthetic impact on the community in order to mitigate or avoid adverse
visual impacts, encourage the deployment of infrastructure consistent with the surrounding built
and natural environment, and preserve the City's historic and environmental resources to the
extent feasible; and
WHEREAS, the City intends to adopt a new code consistent with local, state and federal laws,
standards and requirements.
NOW, THEREFORE, BE IT ORDAINED by the _that Title of the
Municipal Code of the City of shall be amended by adding the following
Chapter that will read as follows:
Section 1— Purpose and Scope
[NOTE: THIS SECTION SHOULD BE CONSISTENT WITH EXISTING ROW
ORDINANCES.]
(A) Purpose. The purpose of this Chapter is to establish reasonable and nondiscriminatory
policies and procedures for the placement of small wireless facilities in rights -of -way
within the City's jurisdiction, which will provide public benefit consistent with the
preservation of the integrity, safe usage, and reasonable aesthetic qualities of the City
rights -of -way and the City as a whole.
(B) Intent. In enacting this Chapter, the City is establishing uniform standards consistent
4
15
with federal law to address the placement of small wireless facilities and associated poles
in the rights -of -way, including without limitation, to manage the public rights -of -way in
orderto:
(1) prevent interference with the use of streets, sidewalks, alleys, parkways and other
public ways and places;
(2) prevent the creation of obstructions and other conditions that are hazardous to
vehicular and pedestrian traffic;
(3) prevent interference with the facilities and operations of facilities lawfully
located in rights -of -way or public property;
(4) protect against environmental damage, including damage to trees;
(5) preserve the character of the community, historic districts or areas with decorative
poles; and
(6) facilitate technology advancements, such as deployment of small wireless facilities,
to provide the benefits of wireless services.
[NOTE: IT IS SUGGESTED THAT CITIES REVIEW OTHER CHAPTERS OF CITY
CODE TO MAKE SURE THERE IS NO CONFLICT AND CONSIDER WHETHER IT
IS APPROPRIATE TO AMEND.]
Section 2 - Definitions
(A) "Antenna" means the same as defined in 47 C.F.R. § 1.6002(b), as may be amended or
superseded. The term includes an apparatus designed for the purpose of emitting radio
frequencies (RF) to be operated or operating from a fixed location pursuant to Federal
Communications Commission authorization, for the provision of personal wireless
service and any commingled information services. For purposes of this definition, the
term antenna does not include an unintentional radiator, mobile station, or device
authorized under 47 C.F.R. Part 15.
(B) "Antenna Equipment" means the same as defined 47 C.F.R. § 1.6002(c), as may be
amended or superseded, which defines the term to mean equipment, switches, wiring,
cabling, power sources, shelters or cabinets associated with an antenna, located at the
same fixed location as the antenna, and, when collocated on a structure, is mounted or
installed at the same time as such antenna.
(C) "Antenna Facility" means the same as defined in 47 C.F.R. § 1.6002(d), as may be
amended or superseded, which defines the term to mean an antenna and associated
antenna equipment.
(D) "Applicable codes" means uniform building, fire, safety, electrical, plumbing, or
mechanical codes adopted by a recognized national code organization or state or local
amendments to those codes that are of general application and consistent with state and
federal law.
(E) "Applicant" means any person who submits an application as or on behalf of awireless
provider.
(F) "Application" means requests submitted by an applicant (i) for permission to collocate
small wireless facilities; or (ii) to approve the installation, modification or replacement of
a structure on which to collocate a small wireless facility in the rights -of -way, where
required.
(G) "City Structure" means a structure located in the rights -of -way within the City's
jurisdictional boundaries that is owned, managed or operated by the City or any
subdivision or instrumentality thereof, including municipal electric utilities. [Including,
but not limited to streetlights, traffic signals, utility poles, building] [Consider excluding
certain structures in a new section or in section 8]. [NOTE: THIS DEFINITION
RECOGNIZES THAT NOT ALL STRUCTURES OWNED, MANAGED OR
OPERATED BY A CITY OR CITY SUBDIVISION OR INSTRUMENTALITY
THEREOF ARE LOCATED WITHIN THE SAME CITY'S JURISDICTIONAL
BOUNDARIES. FOR EXAMPLE, MONMOUTH POWER & LIGHT SERVES THE
CITY OF MONMOUTH AND PORTIONS OF THE CITY OF INDEPENDENCE. TO
THE EXTENT THE CITY OF MONMOUTH ADOPTED THIS MODEL CODE, IT
COULD NOT ISSUE PERMITS FOR ATTACHMENTS TO STRUCTURES
LOCATED WITHIN THE CITY OF INDEPENDENCE, CONVERSELY, THE CITY
OF INDEPENDENCE COULD NOT MANDATE ACCESS TO STRUCTURES
OWNED BY MONMOUTH POWER & LIGHT.]
(H) "Collocate" means the same as defined in 47 C.F.R. § 1.6002(g), as may be amended or
superseded, which defines that term to mean (1) mounting or installing an antenna facility
on a preexisting structure, and/or (2) modifying a structure for the purpose of mounting
or installing an antenna facility on that structure. "Collocation" has a corresponding
meaning.
(I) "Day" means calendar day. For purposes of the FCC shot clock, a terminal day that falls
on a holiday or weekend shall be deemed to be the next immediate business day. [NOTE:
DAY IS IN REFERENCE TO FCC SHOT CLOCKS]
(J) "Decorative pole" means a city structure that is specially designed and placed for
aesthetic purposes.
(K) "Historic district" means a group of buildings, properties, or sites that are either: (1) listed
in the National Register of Historic Places or formally determined eligible for listing by
the Keeper of the National Register in accordance with Section VI.D.Ia.i-v of the
Nationwide Programmatic Agreement codified at 47 C.F.R. fart 1. Annciidix C: or, (2) a
locally designated historic district as of the effective date of this Chapter or in a locally
17
designated historic district existing when an application is submitted. [NOTE: THIS IS
NOT MEANT TO RETROACTIVELY AFFECT SWFs ALREADY IN PLACE WHEN
A NEW DISTRICT IS CREATED].
(L) "Permissions" means [list various permits, agreements and licenses needed for SW
deployment].
(M) "Person' means an individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including the City.
(N) "Pole" means a type of structure in the rights -of -way that is or may be used in whole or in
part by or for wireline communications, electric distribution, lighting, traffic control,
signage, or similar function, or for collocation of small wireless facilities; provided, such
term does not include a tower, building or electric transmission structures.
(0) "Rights -of -Way" or "ROW" means [insert a consistent definition across other codes.
Example: "Right-of-way," "rights -of -way," "public right-of-way," or "ROW" means and
includes, but is not limited to, the space in, upon, above, along, across, over or under the
public streets, roads, highways, lanes, courts, ways, alleys, boulevards, bridges, trails,
paths, sidewalks, bicycle lanes, public utility easements and all other public ways or
areas, including the subsurface under and air space over these areas, but does not include
parks, parkland, or other City property not generally open to the public for travel.]
(P) "Routine Maintenance" means inspections, testing, repair, and modifications subject to
Section 6409(a) that maintain functional capacity, aesthetic and structural integrity of a
small wireless facility and/or the associated pole or structure.
(Q) "Small wireless facility" means a facility that meets each of the following conditions per
47 C.F.R § 1.6002(1), as may be amended or superseded:
(1) The facilities (i) are mounted on structures 50 feet or less in height including the
antennas, or (ii) are mounted on structures no more than 10 percent taller than other
adjacent structures, or (iii) do not extend existing structures on which they are
located to a height of more than 50 feet or by more than 10 percent, whichever is
greater; and,
(2) Each antenna associated with the deployment, excluding associated antenna
equipment, is no more than three cubic feet in volume; and,
(3) All other wireless equipment associated with the structure, including wireless
equipment associated with the antenna and any pre-existing associated equipment on
the structure, is no more than 28 cubic feet in volume; and,
is
(4) The facilities do not result in human exposure to radio frequency in excess of the
applicable safety standards specified in 47 C.F.R. § 1.1307(b).
(R) "Structure" means the same as defined in 47 C.F.R. § 1.6002(m), as may be amended or
superseded, which defines that term as a pole, tower, or base station, whether or not it has
an existing antenna facility, that is used or to be used for the provision of personal
wireless service (whether on its own or comingled with other types of service).
(S) "Wireless Infrastructure Provider" means any person, including a person authorizedto
provide communications service in the state, that builds or installs wireless
communication transmission equipment, wireless facilities, but that is not a wireless
services provider.
(T) "Wireless Provider" means a wireless infrastructure provider or a wireless services
provider.
(U) "Wireless Services Provider" means a person who provides personal wireless services
(whether or not it is comingled with other services).
Section 3 — Permitted Use; Application and Fees
(A) Permitted Use. The following uses within the rights -of -way shall be a permitted use,
subject to compliance with the city's applicable design standards [insert cross-reference
here], administrative review only and issuance of a permit as set forth in this Chapter:
(1) Collocation of a small wireless facility; and,
(2) Placement of a new, modified, or replacement pole to be used for collocation of a
small wireless facility.
(B) Perrnissi_o_nsl 1tee wired. Except as otherwise provided in this Chapter, no person shall
place any small wireless facility described in Section 3(A) in the rights -of -way,
without first filing an application for the facility and obtaining [a permit, license, or
agreement].
(C) Application 1tcquircments. [THIS SECTION CAN BE LEFT IN OR HANDLED
ADMINISTRATIVELY. NOTE: THE FCC PROVIDES THAT APPLICATION
REQUIREMENTS MUST BE IN A PUBLICLY STATED FORMAT. TO THE
EXTENT THAT CITIES PREFER TO ADOPT ADMINISTRATIVE APPLICATION
REQUIREMENTS, THEY SHOULD BE WRITTEN AS CHECKLISTS, GUIDELINES,
WORKSHEETS, AND/OR OTHER HANDOUTS, AND BE MADE PUBLICLY
AVAILABLE. AT A MINIMUM, CITIES SHOULD REQUIRE THE FOLLOWING
MATERIALS.j
19
An application filed pursuant to this Chapter shall be made by the wireless provider or its
duly authorized representative and shall contain the following:
(1) The applicant's name, address, telephone number, and e-mail address;
(2) The names, addresses, telephone numbers, and e-mail addresses of all duly
authorized representatives and consultants, if any, acting on behalf of the
applicant with respect to the filing of the application.
(3) A general description of the proposed small wireless facility and associated pole,
if applicable. The scope and detail of such description shall be appropriate to the
nature and character of the work to be performed, with special emphasis on those
matters likely to be affected or impacted by the physical work proposed;
(4) Site plans and engineering drawings to scale that identify the proposed small
wireless facility.
(S) A statement or other demonstration that the small wireless facility shall comply
with all applicable codes, regulations and standards, including applicable FCC
regulations for human exposure to RF emissions.
(6) The application requirements shall not be more burdensome than those for any
similarly situated small wireless facilities.
(D) Routine Maintenance and [�c�l_accmgjIt. An application shall not be required for: (1)
routine maintenance; or (2) the replacement of a small wireless facility with another
small wireless facility that is the same, substantially similar or smaller in size and weight
and height. The City may require a permit for work within the right of way. Such a
permit must be issued to the applicant on a non-discriminatory basis upon terms and
conditions applied to any other person performing similar activities, regardless of
technology, in the ROW. [NOTE: CONSIDER INCLUDING A LIST OF ACTIVITIES
THAT REQUIRE A PERMIT EITHER IN CODE, ON THE APPLICATION, IN
AGREEMENTS, ETC. For example, The City requires a permit for work within the
ROW far activities that require excavation or closure of sidewalks or vehicular lanes.]
(E) l.rtfonnation IJjjdkjtcs. Any amendment to non -material information contained in an
application shall be submitted in writing to the City within thirty (30) days of the change.
[NOTE: MATERIAL CHANGES MAY NECESSITATE A NEW APPLICATION.]
(F) Application Fecs. Application fees shall be set by [resolution].
[NOTE: THE FCC PRESCRIBED THE FOLLOWING SAFE HARBOR FEES BELOW IN
THE SMALL CELL ORDER. CITIES MAY CHOOSE TO INCORPORATE THIS
20
LANGUAGE INTO THEIR CODE OR REFERENCE A FEE SCHEDULE SET BY
RESOLUTION.
(1) $500 for up to the first five small wireless facilities in the same application, with
an additional $100 for each small wireless facility beyond five in the same
application, or fees that are (1) a reasonable approximation of costs, (2) those
costs themselves are reasonable, and (3) are nondiscriminatory.
(2) $1000 for the installation, modification or replacement of a pole together with the
collocation of an associated small wireless facility in the rights -of -way that is a
permitted use in accordance with this Chapter, or fees that are (1) a reasonable
approximation of costs, (2) those costs themselves are reasonable, and (3) are
nondiscriminatory.]
Section 4 — Action on Administrative Permit Applications Subject to this Chapter
(A) The City must process all applications on a nondiscriminatory basis and may deny an
application subject to this Chapter if the proposed small wireless facility or new,
modified, or replaced pole:
(1) Materially and demonstrably interferes with the safe operation of traffic control
equipment;
(2) Materially and demonstrably interferes with sight lines or clear zones for
transportation or pedestrians;
(3) Materially fails to comply with the Americans with Disabilities Act or similar
federal, state, or local laws, standards and regulations regarding pedestrian access
or movement;
(4) Fails to comply with applicable codes, standards and regulations, including the
City's design standards; or
(5) Fails to comply with the provisions in this Chapter.
(B) The City must act on an application within the applicable shot clock and provide written
notice to the applicant if the application is denied. The written notice shall state the
reasons for denial, with reference to specific code provisions, ordinance, application
instruction or otherwise publicly -stated procedures on which the denial was based, and be
sent to the applicant within five (5) days after the City denies the application or before the
applicable shot clock expires, whichever occurs first.
(C) Batch ARpiications. [NOTE: FCC SMALL CELL ORDER ALLOWS APPLICANTS TO
SUBMIT SWF APPLICATIONS IN BATCHES, WITHOUT NUMERICAL LIMITS.
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CITIES MAY CONSIDER TO BATCH APPLICATIONS. SOME MAY CHOOSE TO
BATCH BY COMMON DESIGN ELEMENTS AND/OR VICINITY, AS WELL AS
OTHER MEASURES TO PROMOTE EFFICIENCY.
A BATCH APPLICATION THAT INCLUDES DEPLOYMENT(S) THAT FALL
WITHIN COLLOCATIONS ON EXISTING STRUCTURES AND DEPLOYMENT(S)
ON NEW STRUCTURES SHALL BE SUBJECT TO A 90-DAY TIMEFRAME FOR
APPROVAL AS OPPOSED TO A 60-DAY TIMEFRAME.]
Section 5 — Small Wireless Facilities in the ROW; Maximum Height; Other Requirements
(A) Maximum Size of Permitted Use. Any wireless provider that seeks to install, modify, or
replace facilities on a pole in the rights -of -way that exceeds the height limits contained in
Section 2(R)(1), shall be subject to applicable requirements [or insert cross references to
macro facilities code].
[CITIES MAY CONSIDER ADDING A SUBSECTIONS (B) — (D) HERE OR A SECTION IN
THE DESIGN STANDARDS THAT HANDLES THE METHODS FOR DECORATIVE
POLES, UNDERGROUND AND HISTORIC DISTRICTS. SECTION 5 IS ALSO AN
APPROPRIATE PLACE TO INSERT DESIGN STANDARDS IF CITIES CHOOSE TO
CODIFY SUCH STANDARDS.]
(B) Decorative f'oics. Subject to this code and applicable design standards, a wireless
provider is permitted to collocate on or replace a decorative pole when necessary to
collocate a small wireless facility; provided that any such replacement pole shall, to the
extent feasible, replicate the design of the pole being replaced.
(C) Underwound District. [ACCORDING TO THE FCC ORDER, UNDERGROUNDING
REQUIREMENTS ARE SUBJECT TO THE SAME CRITERIA AS OTHER
AESTHETIC STANDARDS.
SOME COMPONENTS OF SMALL WIRELESS FACILITIES WILL OFTEN NOT
WORK UNDERGROUND. THEREFORE, CITY UNDERGROUNDING
REQUIREMENTS OR UNDERGROUND DISTRICTS MAY CREATE AN
EFFECTIVE PROHIBITION. CITIES ARE ENCOURAGED TO REVIEW CURRENT
UNDERGROUNDING REQUIREMENTS AND WORK WITH THEIR
ATTORNEYS/ROW SPECIALISTS TO MAKE SURE THOSE REQUIREMENTS
ARE NOT IN CONFLICT WITH THE FCC ORDER.]
(D) Historic District. Small wireless facilities or poles to support collocation of small
wireless facilities located in Historic Districts shall be designed to have a similar
appearance, including coloring and design elements, if technically feasible, of otherpoles
in the rights -of -way within 500 feet of the proposed installation. Any such design or
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concealment measures may not be considered part of the small wireless facility for
purpose of the size restrictions in the definition of small wireless facility.
[NOTE:(B) — (D) OF THIS SECTION CODIFY THE FCC SMALL CELL ORDER'S
REQUIREMENT THAT AESTHETIC STANDARDS MUST BE: (1) REASONABLE,
MEANING THEY ARE TECHNICALLY FEASIBLE AND REASONABLY
DIRECTED TO AVOIDING OR REMEDYING THE INTANGIBLE PUBLIC HARM
OF UNSIGHTLY OR OUT -OF -CHARACTER DEPLOYMENTS; (2) NO MORE
BURDENSOME THAN THOSE APPLIED TO OTHER TYPES OF
INFRASTRUCTURE DEPLOYMENT; (3) OBJECTIVE; AND, (4) PUBLISHED IN
ADVANCE, THE REQUIREMENTS MAY NOT PROHIBIT OR HAVE THE
EFFECT OF PROHIBITING WIRELESS SERVICE.]
Section 6 — Effect of Construction/Work Permit
[NOTE: CITIES SHOULD CROSS-REFERENCE BACK TO PERMITTING CODE SO
LANGUAGE WITHIN THIS SECTION IS CONSISTENT.]
(A) Authority Granted. No Property Right or Other Interest Created. A permit from the City
authorizes an applicant to undertake only certain activities in accordance with this
Chapter and does not create a property right or grant authority to the applicant to impinge
upon the rights of others who may already have an interest in the rights -of -way. [NOTE:
IF YOUR CITY HAS A ROW LICENSE, CLARIFY THAT THIS DOES NOT GRANT
A ROW LICENSE OR RIGHT TO PROVIDE SERVICES.]
(B) Permit_ [ )uration.
(1) A permit for construction granted pursuant to this Section shall be valid for a
period of days after issuance unless the City agrees to extend this period
for good cause, including but not limited to delay caused by the lack of
commercial power or communications facilities, or by other events outside of the
reasonable control of the wireless provider. [NOTE: IF YOUR CITY HAS A
BUILDOUT PERIOD ALREADY ESTABLISHED FOR ROW
CONSTRUCTION, THIS SUBSECTION SHOULD ALLOW A CONSISTENT
PERIOD OF TIN4E.THE USE OF "DAYS" IN THIS SUBSECTION IS NOT
INTENDED TO BE LIMITING; 180 TO 365 DAYS MAY BE APPROPRIATE
IN THIS SUBSECTION. THE BUILDOUT PERIOD MUST REASONABLY
ALLOW TIME FOR CONSTRUCTION.]
(2) The installed facility is subject to applicable relocation requirements, termination
for material non-compliance after notice and a reasonable opportunity to cure, and
an applicant's right to terminate a permit at any time.
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Section 7 — Removal, Relocation or Modification of Small Wireless Facility in the ROW
[NOTE: IF YOUR CITY HAS REMOVAL, RELOCATION, ABANDONMENT, OR
MODIFICATION SECTIONS IN OTHER ROW CODES, CONSIDER CROSS-
REFERENCING TO THOSE SECTIONS HERE.]
(A) Notice. The City shall provide the applicant reasonable advance notice, but no less than
_days following written notice from the City, the wireless provider shall, at its own
expense, protect, support, temporarily or permanently disconnect, remove, relocate,
change or alter the position of any small wireless facilities within the rights -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 rights -of -way.
(B) 1?nu:r . The City retains the right and privilege
to cut or move any small wireless facility located within the rights -of -way of the City in
the event of an emergency, as the City may determine to be necessary, appropriate or
useful in response to any imminent danger to public health, safety, or property. If
circumstances permit, the City shall notify the wireless provider and provide the wireless
provider an opportunity to move its own facilities prior to cutting or removing a facility
and shall notify the wireless provider promptly after cutting or removing a small wireless
facility.
(C) Abandonment of Facilities. [NOTE: MAKE CONSISTENT WITH THE CITY' S
HANDLINGS OF ABANDONMENT IN OTHER CODES.]
A Damage and Rc air. The City may require a wireless provider to repair all damage to the
rights -of -way directly caused by the activities of the wireless provider and return the
rights -of -way to its functional equivalence before the damage pursuant to the
competitively neutral, reasonable requirements and specifications. If the wireless
provider fails to make the repairs within days after written notice, the City may
affect those repairs and charge the applicable party the actual, documented cost of such
repairs.
Section S — Collocation on City Structures in the ROW
[NOTE: NOT ALL CITIES MAY CHOOSE TO ALLOW SMALL WIRELESS FACILITIES
TO BE COLLOCATED ON CITY STRUCTURES.]
(A) Collocation on City, Structures. Small wireless facilities maybe collocated on city
structures in the rights -of -way pursuant to this Chapter. No person will be permitted an
exclusive arrangement or an arrangement which excludes otherwise qualified applicants
to attach to city structures in the rights -of -way. A person who purchases or otherwise
acquires a City structure is subject to the requirements of this section.
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[NOTE: COLLOCATION ON CITY STRUCTURES OFTEN IMPLICATES MAKE-READY
WORK TO PREPARE THE STRUCTURE FOR THE NEW ATTACHMENT. MAKE-READY
PROVISIONS ARE TRADITIONALLY NEGOTIATED IN POLE ATTACHMENT
AGREEMENTS BETWEEN THE PARTIES. TO THE EXTENT THAT THE CITY HAS
CONTROL OVER SUCH NEGOTIATIONS OR SEEKS GENERAL GUIDANCE ON
APPROPRIATE RATES, FEES, TERMS AND CONDITIONS, THE FOLLOWING SAMPLE
LANGUAGE PROVIDES A USEFUL STARTING POINT:
Make -Ready. The rates, fees, terms and conditions for the make-ready work to collocate
a small wireless facility on a pole owned or controlled by the City must be
nondiscriminatory, competitively neutral, reasonable, comply with this Chapter and be
subject to the following:
(1) The City or any person owning, managing, or controlling the poles owned by the
City will provide a good faith estimate for any make-ready work reasonably
necessary to make a specific city pole suitable for attachment of the requested
small wireless facility, including pole replacement if necessary, within 60 days
after receipt of a completed request. Make-ready work including any pole
replacement shall be completed within 60 days of written acceptance of the good
faith estimate by the applicant.
(2) The City or any person owning, managing, or controlling the poles owned by the
city shall not require more make-ready work than required to meet applicable
coder or may be reasonably necessary to avoid interference with other
attachments on the pole. Fees for make-ready work shall not include costs
related to pre-existing or prior damage and non-compliance. Fees for make-
ready work including any pole replacement shall not exceed actual and direct
costs, or the amount charged to others for similar work and shall not include any
revenue or contingency based consultant fees or expenses of any kind.]
Section 9 — Rates for ROW and Collocation on City Structures in the ROW
[NOTE: THE FCC PRESCRIBED THE FOLLOWING SAFE HARBOR FEES BELOW IN (A).
CITIES MAY CHOOSE TO INCORPORATE THIS LANGUAGE INTO THEIR CODE,
LICENSE, FRANCHISE, OR RIGHT-OF-WAY USE AGREEMENT OR MAKE
REFERENCE HERE TO A FEE SCHEDULE SET BY RESOLUTION]
(A) The recurring rate for use of the ROW and attachment of small wireless facilities to acity
structure in the ROW shall be subject to the following requirements:
(1) Annual Rate. A wireless provider authorized to place small wireless facilities and
any related pole in the rights -of -way will pay to the City compensation for use of
the rights -of -way and collocation on city structures in the ROW a rate that is
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25
based on (1) a reasonable approximation of costs, (2) those costs themselves are
reasonable, and (3) are non-discriminatory. This rate, together with the one-time
application fees, shall be the total compensation that the wireless provider is
required to pay the city for the deployment of each small wireless facility in the
ROW and any associated pole. The FCC's safe harbor rate is an aggregate annual
rate not to exceed $270 per small wireless facility. [NOTE: THE FCC DOES
NOT PROVIDE DIRECTION REGARDING THE POTENTIAL
ALLOCATION OF FEES CHARGED FOR THE USE OF THE ROW AND
ATTACHMENT TO A CITY STRUCTURE, BUT THE TOTAL FEE
CHARGED FOR EACH SMALL WIRELESS FACILITY MUST MEET THE
CRITERIA IN THE 2018 FCC ORDER_ IN OTHER WORDS, THE CITY MAY
NOT CHARGE TWICE FOR THE REIMBURSEMENT OF THE SAME
COSTS.]
(2) Pa ntenL Obligation LJ on or After Facility Rcm val. A wireless provider may
remove one or more of its small wireless facilities at any time from the rights -of -
way and city structures in the ROW with the required permits. The wireless
provider will cease owing the City compensation, as of the date of removal, for
such removed facilities.
Section 10 — Effective Date
This Ordinance shall take effect days after its passage, approval and publication.
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Acknowledgements
Alan Bar, Verizon
Alan Galloway, Davis Wright Tremaine
Andrew Bartlett, City of Hillsboro
Cindy Manheim, AT&T
Colleen DeShazer, Verizon
Dave Waffle, City of Beaverton
George Granger, AT&T
Jennifer Backhaus, City of Milwaukie
Jennifer Li, City of Portland
Ken Lyons, Wireless Policy Group (AT&T)
Kim Allen, Wireless Policy Group (Verizon)
Madison Thesing, City of Lake Oswego
Meridee Pabst, Wireless Policy Group (AT&T)
Michael Johnston, Telecom Law Firm
Pam Vaughan, City of Corvallis
Reba Crocker, ROW Consultants LLC (formerly with the cities of Milwaukie and Gladstone)
Rich Roche, Formerly with AT&T
Robert "Tripp" May III, Telecom Law Firm
Ryan Zink, City of Salem
Sambo Kirkman, City of Beaverton
Scott McClure, Formerly with the City of Monmouth
Steve Coon, Verizon
Tegan Enloe, City of Tigard
Tim Halinski, T-Mobile
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Appendix A — Shot Clock Information
Shot clock provisions that apply to small wireless facilities are codified in 47 C.F.R. Section
1.6003, which is provided below.
§1.6003 Reasonable periods of time to act on siting applications.
(a) Timely action required. A siting authority that fails to act on a siting application on or before the shot
clock date for the application, as defined in paragraph (e) of this section, is presumed not to have acted within
a reasonable period of time.
(b) Shot clock period. The shot clock period for a siting application is the sum of—
(1) The number of days of the presumptively reasonable period of time for the pertinent type of
application, pursuant to paragraph (c) of this section; plus
(2) The number of days of the tolling period, if any, pursuant to paragraph (d) of this section.
(c) Presumptively reasonable periods of time —(I) Review periods for individual applications. The
following are the presumptively reasonable periods of time for action on applications seeking authorization for
deployments in the categories set forth in paragraphs (c)(1)(i) through (iv) of this section:
(i) Review of an application to collocate a Small Wireless Facility using an existing structure: 60 days.
(ii) Review of an application to collocate a facility other than a Small Wireless Facility using an existing
structure: 90 days.
(iii) Review of an application to deploy a Small Wireless Facility using a new structure: 90 days.
(iv) Review of an application to deploy a facility other than a Small Wireless Facility using a new
structure: 150 days.
(2) Batching, (i) If a single application seeks authorization for multiple deployments, all of which fall
within a category set forth in either paragraph (c)(1)(i) or (iii) of this section, then the presumptively
reasonable period of time for the application as a whole is equal to that for a single deployment within that
category.
(ii) If a single application seeks authorization for multiple deployments, the components of which are a
mix of deployments that fall within paragraph (c)(1)(i) of this section and deployments that fall within
paragraph (c)(1)(iii) of this section, then the presumptively reasonable period of time for the application as a
whole is 90 days.
(iii) Siting authorities may not refuse to accept applications under paragraphs (c)(2)(i) and (ii) ofthis
section.
(d) Tolling period. Unless a written agreement between the applicant and the siting authority provides
otherwise, the tolling period for an application (if any) is as set forth in paragraphs (d)(1) through (3) of this
section.
(1) For an initial application to deploy Small Wireless Facilities, if the siting authority notifies the
applicant on or before the 1 Oth day after submission that the application is materially incomplete, and clearly
and specifically identifies the missing documents or information and the specific rule or regulation creatingthe
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MKI
obligation to submit such documents or information, the shot clock date calculation shall restart at zero on the
date on which the applicant submits all the documents and information identified by the siting authority to
render the application complete.
(2) For all other initial applications, the tolling period shall be the number of days from—
(i) The day after the date when the siting authority notifies the applicant in writing that the application is
materially incomplete and clearly and specifically identifies the missing documents or information that the
applicant must submit to render the application complete and the specific rule or regulation creating this
obligation; until
(ii) The date when the applicant submits all the documents and information identified by the siting
authority to render the application complete;
(iii) But only if the notice pursuant to paragraph (d)(2)(i) of this section is effectuated on or before the
30th day after the date when the application was submitted; or
(3) For resubmitted applications following a notice of deficiency, the tolling period shall be the number
of days from—
(i) The day after the date when the siting authority notifies the applicant in writing that the applicant's
supplemental submission was not sufficient to render the application complete and clearly and specifically
identifies the missing documents or information that need to be submitted based on the siting authority's
original request under paragraph (d)(1) or (2) of this section; until
(ii) The date when the applicant submits all the documents and information identified by the siting
authority to render the application complete;
(iii) But only if the notice pursuant to paragraph (d)(3)(i) of this section is effectuated on or before the
loth day after the date when the applicant makes a supplemental submission in response to the siting
authority's request under paragraph (d)(1) or (2) of this section.
(e) Shot clock date. The shot clock date for a siting application is determined by counting forward,
beginning on the day after the date when the application was submitted, by the number of calendar days of the
shot clock period identified pursuant to paragraph (b) of this section and including any pre -application period
asserted by the siting authority; provided, that if the date calculated in this manner is a "holiday" as definedin
§ 1.4(e)(1) or a legal holiday within the relevant State or local jurisdiction, the shot clock date is the next
business day after such date. The term "business day" means any day as defined in § 1.4(e)(2) and any day that
is not a legal holiday as defined by the State or local jurisdiction.
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Appendix B — Code of Federal Regulations (C.F.R) Cited Throughout Document
47 C.F.R. Section 1.1307
§1.1307 Actions that may have a significant environmental effect, for which Environmental
Assessments (EAs) must be prepared.
L.inJ( to Mi .111)CIR111Ie111 hyhli hell at 95 1:1t 191 12, npr, 1, 2I120.
Link to_a correction of the above amendment published at KS FR 33578,,_JUne_2,2020.
(a) Commission actions with respect to the following types of facilities may significantly affect the
environment and thus require the preparation of EAs by the applicant (see §§ 1.1308 and 1.1311) and may
require further Commission environmental processing (see § § 1.1314, 1.1315 and 1.1317):
(1) Facilities that are to be located in an officially designated wilderness area.
(2) Facilities that are to be located in an officially designated wildlife preserve.
(3) Facilities that: (i) May affect listed threatened or endangered species or designated critical habitats;or
(ii) are likely to jeopardize the continued existence of any proposed endangered or threatened species or likely
to result in the destruction or adverse modification of proposed critical habitats, as determined by the Secretary
of the Interior pursuant to the Endangered Species Act of 1973.
NOTE: The list of endangered and threatened species is contained in 50 CFR 17. t 1, 17.22, 222.23(a) and 227.4. The list of
designated critical habitats is contained in 50 CFR 17.95, 17.96 and part 226. To ascertain the status of proposed species and
habitats, inquiries may be directed to the Regional Director of the Fish and Wildlife Service, Department of the Interior.
(4) Facilities that may affect districts, sites, buildings, structures or objects, significant in American
history, architecture, archeology, engineering or culture, that are listed, or are eligible for listing, in the
National Register of Historic Places (see 54 U.S.C. 300308; 36 CFR parts 60 and 800), and that are subject to
review pursuant to section 1. 1320 and have been determined through that review process to have adverse
effects on identified historic properties.
(5) Facilities that may affect Indian religious sites.
(6) Facilities to be located in floodplains, if the facilities will not be placed at least one foot above the
base flood elevation of the floodplain.
(7) Facilities whose construction will involve significant change in surface features (e.g., wetland fill,
deforestation or water diversion). (In the case of wetlands on Federal property, see Executive Order 11990.)
(8) Antenna towers and/or supporting structures that are to be equipped with high intensity white lights
which are to be located in residential neighborhoods, as defined by the applicable zoning law.
(b) In addition to the actions listed in paragraph (a) of this section, Commission actions granting
construction permits, licenses to transmit or renewals thereof, equipment authorizations or modifications in
existing facilities, require the preparation of an Environmental Assessment (EA) if the particular facility,
operation or transmitter would cause human exposure to levels of radiofrequency radiation in excess of the
limits in §§1.1310 and 2.1093 of this chapter. Applications to the Commission for construction permits,
licenses to transmit or renewals thereof, equipment authorizations or modifications in existing facilitiesmust
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contain a statement confirming compliance with the limits unless the facility, operation, or transmitter is
categorically excluded, as discussed below. Technical information showing the basis for this statement must be
submitted to the Commission upon request. Such compliance statements may be omitted from license
applications for transceivers subject to the certification requirement in §25.129 of this chapter.
(1) The appropriate exposure limits in §§1.1310 and 2.1093 of this chapter are generally applicable to all
facilities, operations and transmitters regulated by the Commission. However, a determination of compliance
with the exposure limits in § 1.1310 or §2.1093 of this chapter (routine environmental evaluation), and
preparation of an EA if the limits are exceeded, is necessary only for facilities, operations and transmitters that
fall into the categories listed in table 1, or those specified in paragraph (b)(2) of this section. All other
facilities, operations and transmitters are categorically excluded from making such studies or preparing an EA,
except as indicated in paragraphs (c) and (d) of this section. For purposes of table 1, building -mounted
antennas means antennas mounted in or on a building structure that is occupied as a workplace or residence.
The term power in column 2 of table 1 refers to total operating power of the transmitting operation in question
in terns of effective radiated power (ERP), equivalent isotropically radiated power (EIRP), or peak envelope
power (PEP), as defined in §2. t of this chapter. For the case of the Cellular Radiotelephone Service, subpart H
of part 22 of this chapter; the Personal Communications Service, part 24 of this chapter and the Specialized
Mobile Radio Service, part 90 of this chapter, the phrase total power of all channels in column 2 of table 1
means the sum of the ERP or EIRP of all co -located simultaneously operating transmitters owned and operated
by a single licensee. When applying the criteria of table 1, radiation in all directions should be considered. For
the case of transmitting facilities using sectorized transmitting antennas, applicants and licensees should apply
the criteria to all transmitting channels in a given sector, noting that for a highly directional antenna there is
relatively little contribution to ERP or EIRP summation for other directions.
TABLE 1—TRANSMITTERS, FACILITIES AND OPERATIONS SUBJECT TO ROUTINE ENVIRONMENTAL
EVALUATION
Service (title 47 CFR rule part)
Evaluation required If:
Experimental Radio Services (part 5)
Power>100 W ERP (164 W EIRP).
Commercial Mobile Radio Services
'Non -building -mounted antennas: height above ground level to lowest
(part 20)
Ipoint of antenna <10 m and power >1000 W ERP (1640 W EIRP).
Building -mounted antennas: power>1000 W ERP (1640 W EIRP).
Consumer Signal Booster equipment grantees under the Commercial
Mobile Radio Services provisions in part 20 are required to attach a
label to Fixed Consumer Booster antennas that:
(l) Provides adequate notice regarding potential radiofrequency
:safety hazards, e.g., information regarding the safe minimum
separation distance required between users and transmitting antennas;
:and
1( 2) references the applicable FCC -adopted limits for radiofrequency
exposure specified in 41.1310.
Paging and Radiotelephone Service
INon-building-mounted antennas: height above ground level to lowest
(sub art E of part 22)
point of antenna <10 m and power >1000 W ERP (1640 W EIRP).
(Building -mounted antennas: power >1000 W ERP (1640 W EIRP).
Cellular Radiotelephone Service
Non •building -mounted antennas: height above ground Ieve] to lowest
(subpart H of part 22)
point of antenna r 10 m and total power of all channels >1000 W FRP
{ 16401N El").
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Building -mounted antennas: total power of all channels >1000 W
ERP (1640 W EIRP).
Personal Communications Services
(1) Narrowband PCS (subpart D):
art 24)
Non -building -mounted antennas: height above ground level to
lowest paint of antenna <10 m and total power of all channels > 1000
W ERP (l 640 W EIRP).
Building -mounted antennas: total power of all channels >1000 W
IERP 1640 W EIRP).
(2) Broadband PCS (subpart E);
Non -building -mounted antennas: height above ground level to
(lowest point of antenna <I0 m and total power of all channels >2000
W ERP (3280 W EIRP).
Building -mounted antennas: total power of all channels>2000 W
(ERP 3280 W EIRP).
,All included.
Satellite Communications Services (parr
25)
IIn addition, for NGSO subscriber equipment, licensees are required to
,attach a label to subscriber transceiver antennas that:
(1) provides adequate notice regarding potential radiofrequency
:safety hazards, e.g., information regarding the safe minimum
separation distance required between users and transceiver antennas;
and
(2) references the applicable FCC -adopted limits for radiofrequency
exposure specified in 01.1310 of this ch ter.
Miscellaneous Wireless
(1) For the 1390-1392 MHz, 1392-1395 MHz, 1432-1435 MHz,
Communications Services (part 27
1670-1675 MHz, and 2385-2390 MHz bands:
except subpart M)
Non -building -mounted antennas: height above ground level to
(lowest point of antenna <10 m and total power of all channels >2000
W ERP (3280 W EIRP).
Building -mounted antennas: total power of all channels >2000 W
(ERP 3280 W EIRP .
(2) For the 698-746 MHz, 746-764 MHz, 776-794 MHz, 2305-2320
MHz, and 2345-2360 MHz bands:
Total power of all channels > 1000 W ERP (1640 W EIRP).
Broadband Radio Service and
Non -building -mounted antennas: height above ground level to lowest
Educational Broadband Service (subpan
point of antenna <10 m and power > 1640 W EIRP.
M of part 27)
Building -mounted antennas: power>1640 W EIRP.
BRS and EBS licensees are required to attach a label to subscriber
transceiver or transverter antennas that:
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(1) provides adequate notice regarding potential radiofrequency
:safety hazards, e.g., information regarding the safe minimum
separation distance required between users and transceiver antennas;
:and
(2) references the applicable FCC -adopted limits for radiofrequency
exposure specified in 61.1310.
Upper Microwave Flexible Use Service
Non -building -mounted antennas: Height above ground level to lowest
(part 30point
of antenna <10 m and power >1640 W EIRP.
Antennas are mounted on buildings.
Radio Broadcast Services art 73)
All included.
Auxiliary and Special Broadcast and
Subparts G and L: Power>100 W ERP.
Other Program Distributional Services
(part 74)
:Stations in the Maritime Services (part
Ship earth stations only..
80
(Private Land Mobile Radio Services
Non -building -mounted antennas: height above ground level to lowest
Paging Operations (subpart P of part
(point of antenna <10 m and power>1000 W ERP (1640 W EIRP).
90
Building -mounted antennas: power>1000 W ERP (1640 W EIRP),
Private Land Mobile Radio Services
Non -building -mounted antennas: height above ground level to lowest
Specialized Mobile Radio (subpart S of
point of antenna <10 m and total power of all channels >1000 W ERP
part 90)
(1640 W EIRP).
Building -mounted antennas: Total power of all channels >1000 W
ERP 1640 W EIRP).
76-81 GHz Radar Service (part 95)
All included.
Transmitter output power >levels specified in §97.13(c)(1) of this
.Amateur Radio Service (part 97)
chapter.
iLocal Multipoint Distribution Service
Non -building -mounted antennas: height above ground level to lowest
(subpart L of part 101) and 24 GHz
point of antenna <10 m and power>1640 W EIRP.
I' subpart G of part 101)
Building -mounted antennas: power >1640 W EIRP.
LMDS and 24 GHz Service licensees are required to attach a label to
subscriber transceiver antennas that:
(1) provides adequate notice regarding potential radiofrequency
safety hazards, e.g., information regarding the safe minimum
:separation distance required between users and transceiver antennas;
and
(2) references the applicable FCC -adopted limits for radiofrequency
ex osure s ecified in § 1.1310.
Non -building -mounted antennas: height above ground level to lowest
'70/80/90 GHz Bands (subpart Q of part
101)
point of antenna <10 m and power >1640 W EIRP.
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33
ildinQ-mounted antennas: power > 1640 W EIRP.
Licensees are reauired to attach a label to transceiver antennas that:
(1) provides adequate notice regarding potential radiofrequency
safety hazards, e.g., information regarding the safe minimum
separation distance required between users and transceiver antennas;
and
(2) references the applicable FCC -adopted limits for ra
cposurespecified in § 1,1310.
(2)(i) Mobile and portable transmitting devices that operate in the Commercial Mobile Radio Services
pursuant to part 20 of this chapter; the Cellular Radiotelephone Service pursuant to part 22 of this chapter; the
Personal Communications Services (PCS) pursuant to part 24 of this chapter; the Satellite Communications
Services pursuant to part 25 of this chapter; the Miscellaneous Wireless Communications Services pursuant to
part 27 of this chapter; the Upper Microwave Flexible User Service pursuant to part 30 of this chapter; the
Maritime Services (ship earth stations only) pursuant to part 80 of this chapter; the Specialized Mobile Radio
Service, the 4.9 GHz Band Service, and the 3650 MHz Wireless Broadband Service pursuant to part 90 of this
chapter; the Wireless Medical Telemetry Service (WMTS), the Medical Device Radiocommunication Service
(MedRadio), and the 76-81 GHz Band Radar Service pursuant to part 95 of this chapter; and the Citizens
Broadband Radio Service pursuant to part 96 of this chapter are subject to routine environmental evaluation for
RF exposure prior to equipment authorization or use, as specified in §§2.1091 and 2.1093 of this chapter.
(ii) Unlicensed PCS, unlicensed NII, and millimeter -wave devices arc also subject to routine
environmental evaluation for RF exposure prior to equipment authorization or use, as specified in §§ I5.255(g),
15.257(g), 15.319(i), and 15.407(f) of this chapter.
(iii) Portable transmitting equipment for use in the Wireless Medical Telemetry Servicc (WMTS) is
subject to routine environmental evaluation as specified in §§2.1093 and 95.2385 of thischapter.
(iv) Equipment authorized for use in the Medical Device Radiocommunication Service (MedRadio) as a
medical implant device or body-wom transmitter (as defined in subpart I of part 95 of this chapter) is subject to
routine environmental evaluation for RF exposure prior to equipment authorization, as specified in §§2.1093
and 95.2585 of this chapter by finite difference time domain (FDTD) computational modeling or laboratory
measurement techniques. Where a showing is based on computational modeling, the Commission retains the
discretion to request that supporting documentation and/or specific absorption rate (SAR) measurement data be
submitted.
(v) All other mobilg, portable, and unlicensed transmitting devices are categorically excluded from
routine environmental evaluation for RF exposure under §§2.1091, 2.1093 of this chapter except as specified
in paragraphs (c) and (d) of this section.
(3) In general, when the guidelines specified in § 1.1310 are exceeded in an accessible area due to the
emissions from multiple fixed transmitters, actions necessary to bring the area into compliance are the shared
responsibility of all licensees whose transmitters produce, at the area in question, power density levels that
exceed 5% of the power density exposure limit applicable to their particular transmitter or field strength levels
that, when squared, exceed 5% of the square of the electric or magnetic field strength limit applicable to their
particular transmitter. Owners of transmitter sites are expected to allow applicants and licensees to take
reasonable steps to comply with the requirements contained in § 1.1307(b) and, where feasible, should
encourage co -location of transmitters and common solutions for controlling access to areas where the RF
exposure limits contained in § 1.1310 might be exceeded.
23
34
(i) Applicants for proposed (not otherwise excluded) transmitters, facilities or modifications that would
cause non-compliance with the limits specified in § 1.1310 at an accessible area previously in compliance must
submit an EA if emissions from the applicant's transmitter or facility would result, at the area in question, in a
power density that exceeds 5% of the power density exposure limit applicable to that transmitter or facility or
in a field strength that, when squared, exceeds 5% of the square of the electric or magnetic field strength limit
applicable to that transmitter or facility.
(ii) Renewal applicants whose (not otherwise excluded) transmitters or facilities contribute to the field
strength or power density at an accessible area not in compliance with the limits specified in § 1. 13 10 must
submit an EA if emissions from the applicant's transmitter or facility results, at the area in question, in a power
density that exceeds 5% of the power density exposure limit applicable to that transmitter or facility or in a
field strength that, when squared, exceeds 5% of the square of the electric or magnetic field strength limit
applicable to that transmitter of facility.
(c) If an interested person alleges that a particular action, otherwise categorically excluded, will have a
significant environmental effect, the person shall submit to the Bureau responsible for processing that action a
written petition setting forth in detail the reasons justifying or circumstances necessitating environmental
consideration in the decision -making process. (See § 1.1313). The Bureau shall review the petition and consider
the environmental concerns that have been raised. If the Bureau determines that the action may have a
significant environmental impact, the Bureau will require the applicant to prepare an EA (see §§ 1.1308 and
1.1311), which will serve as the basis for the determination to proceed with or terminate environmental
processing.
(d) If the Bureau responsible for processing a particular action, otherwise categorically excluded,
determines that the proposal may have a significant environmental impact, the Bureau, on its own motion,
shall require the applicant to submit an EA. The Bureau will review and consider the EA as in paragraph (c) of
this section.
NOTE To PARAGRAPH (d): Pending a final determination as to what, if any, permanent measures should be adopted
specifically for the protection of migratory birds, the Bureau shall require an Environmental Assessment for an otherwise
categorically excluded action involving a new or existing antenna structure, for which an antenna structure registration
application (FCC Form 854) is required under part 17 of this chapter, if the proposed antenna structure will be over 450 feet in
height above ground level (AGL) and involves either:
1. Construction of a new antenna structure;
2. Modification or replacement of an existing antenna structure involving a substantial increase in size as defined in
paragraph l(C)(I)(3) of Appendix B to part 1 of this chapter; or
3. Addition of lighting or adoption of a less preferred lighting style as defined in § I7.4(c)(1)(iii) of this chapter. The
Bureau shall consider whether to require an EA for other antenna structures subject to § 17.4(c) of this chapter in accordance with
§ 17.4(c)(8) of this chapter. An Environmental Assessment required pursuant to this note will be subject to the same procedures
that apply to any Environmental Assessment required for a proposed tower or modification of an existing tower for which an
antenna structure registration application (FCC Form 854) is required, as set forth in § 17.4(c) of this chapter.
(e) No State or local government or instrumentality thereof may regulate the placement, construction, and
modification of personal wireless service facilities on the basis of the environmental effects of radio frequency
emissions to the extent that such facilities comply with the regulations contained in this chapter concerning the
environmental effects of such emissions. For purposes of this paragraph;
(1) The term personal wireless service means commercial mobile services, unlicensed wireless services,
and common carrier wireless exchange access services;
24
35
(2) The term personal wireless service facilities means facilities for the provision of personal wireless
services;
(3) The term unlicensed wireless services means the offering of telecommunications services using duly
authorized devices which do not require individual licenses, but does not mean the provision of direct -to -home
satellite services; and
(4) The tern direct -to -home satellite services means the distribution or broadcasting of programming or
services by satellite directly to the subscribers premises without the use of ground receiving or distribution
equipment, except at the subscriber's premises or in the uplink process to the satellite.
[51 FR 15000, Apr, 22,1986]
EDITORIALNOTE: For FEDERAL REGISTER citations affecting § 1.1307, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.
EFFECTIVE DATE. NOTE: At 85 FR 18142, Apr. 1, 2020, §1,1307 was amended by revising paragraph (b), At 85 FR 33578,
June 2, 2020, this revision was delayed indefinitely.
47 C.F.R Section 1.6002
§1.6002 Definitions.
Terms not specifically defined in this section or elsewhere in this subpart have the meanings defined in
this part and the Communications Act of 1934, 47 U.S.C. 151 et seq. Terms used in this subpart have the
following meanings:
(a) Action or to act on a siting application means a siting authority's grant of a siting application or
issuance of a written decision denying a siting application.
(b) Antenna, consistent with § 1.1320(d), means an apparatus designed for the purpose of emitting
radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Commission
authorization, for the provision of personal wireless service and any commingled information services. For
purposes of this definition, the tern antenna does not include an unintentional radiator, mobile station, or
device authorized under part 15 of this chapter.
(c) Antenna equipment, consistent with § 1.1320(d), means equipment, switches, wiring, cabling, power
sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and,
when collocated on a structure, is mounted or installed at the same time as such antenna.
(d) Antenna facility means an antenna and associated antenna equipment.
(e) Applicant means a person or entity that submits a siting application and the agents, employees, and
contractors of such person or entity.
(f) Authorization means any approval that a siting authority must issue under applicable law prior to the
deployment of personal wireless service facilities, including, but not limited to, zoning approval and building
permit.
(g) Collocation, consistent with § 1.1320(d) and the Nationwide Programmatic Agreement (NPA) for the
Collocation of Wireless Antennas, appendix B of this part, section I.B,means-
25
36
(1) Mounting or installing an antenna facility on a pre-existing structure; and/or
(2) Modifying a structure for the purpose of mounting or installing an antenna facility on thatstructure.
(3) The definition of "collocation" in §1.6100(b)(2) applies to the term as used in that section.
(h) Deployment means placement, construction, or modification of a personal wireless service facility.
(i) Facility or personal wireless service facility means an antenna facility or a structure that is used for
the provision of personal wireless service, whether such service is provided on a stand-alone basis or
commingled with other wireless communications services.
0) Siting application or application means a written submission to a siting authority requesting
authorization for the deployment of a personal wireless service facility at a specified location.
(k) Siting authority means a State government, local government, or instrumentality of a State
government or local government, including any official or organizational unit thereof, whose authorization is
necessary prior to the deployment of personal wireless service facilities.
(1) Small wireless facilities are facilities that meet each of the following conditions;
(1) The facilities—
(i) Are mounted on structures 50 feet or less in height including their antennas as defined in§ 1.1320(d);
or
(ii) Are mounted on structures no more than 10 percent taller than other adjacent structures; or
(iii) Do not extend existing structures on which they are located to a height of more than 50 feet or by
more than 10 percent, whichever is greater;
(2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in
the definition of antenna in § 1.1320(d)), is no more than three cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the wireless equipment
associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28
cubic feet in volume;
(4) The facilities do not require antenna structure registration under part 17 of this chapter;
(5) The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x);and
(6) The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable
safety standards specified in § 1.1307(b).
(m) Structure means a pole, tower, base station, or other building, whether or not it has an existing
antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or
comingled with other types of services).
[83 FR 51884, Oct. 15, 2018, as amended at 84 FR 59567, Nov. 5, 2019]
26
37
fireless
Facilities
Model Design
Guidelines
JUNE 2020
This model was produced in coordination with:
T a sMobile a AT&T venzoW
DISCLAIMER
Any model document provided by the League of Oregon Cities (LOC) is intended to be used as
a starting point in an individual city's development of its own documents. Each city is unique,
and any adopted document or policy should be individually tailored to meet a city's unique
needs. Furthermore, this model is not intended to be a substitute for legal advice. Cities should
consult with their city attorney before adopting any small wireless facility policies to ensurethat
they comply with all aspects of federal, state, and local law.
39
Table of Contents
FOREWORD.....................................................................................................................1
SMALL WIRELESS FACILITIES DESIGN STANDARDS .......................................... 3
ACKNOWLEDGEMENTS...............................................................................................12
APPENDICES...................................................................................................................13
APPENDMA - SHOTCLOCK INFORMATION.........................................................................................13
APPENDIX B -CODE OF FEDERAL REGULATIONS (CFR) CITED THROUGHOUT DOCUMENT 1 S
40
Foreword
Background
On January 31, 2017, Federal Communications Commission ("FCC") Chairman Ajit Pai
established a Broadband Deployment Advisory Committee ("BDAC"), which he tasked with
making recommendations to the FCC on ways to accelerate the deployment of broadband by
reducing or removing regulatory barriers to infrastructure investment. On September 27, 2018,
the FCC released a Declaratory Ruling and Third Report and Order (FCC 18-133, referred
throughout the document as "Small Cell Order" or "FCC Order") that significantly limits local
authority over small wireless infrastructure deployment and fees for use of the rights -of -way
(ROW). The FCC Order took effect January 14, 2019. However, the requirements regarding
aesthetics did not take effect until April 15, 2019. Under the FCC Order aesthetic or design
standards must be: (1) reasonable; (2) no more burdensome than those applied to other types of
infrastructure deployments; (3) objective; and (4) published in advance. The FCC Order also
defines the size limitations for small wireless facilities (allowing antennas of up to 3 cubic feet
each, with additional equipment not to exceed 28 cubic feet), and specifies that such facilities
may notresult in human exposure to radiofrequency radiation in excess of applicable standards
in the FCC's rules (federal law preempts local regulation of RF emissions). "Small wireless
facilities" are sometimes also called "small cells."
LOC Model Small Wireless Facilities Design Standard
In coordination with many cities,I representatives from Verizon, AT&T, T-Mobile, and the
LOC met from January 2019 to May 2020 to discuss and craft a model code and model
design standards relating to small wireless facilities while there is pending litigation on the
FCC Order. The model code and model design standards are intended to be paired together.
There is no single design standard that will work for every jurisdiction. As such, the LOC's
model design standard is intended as a roadmap to assist local governments in adopting their
own design standard. While example language is included in some sections, the LOC does not
intend to suggest these examples could work for every jurisdiction. In some instances, the local
government may need to issue a deviation to the design standards when it would be technically
infeasible for the applicant to comply. The deviation process is provided in Section I of these
model standards and is intended to occur within the "shot clock"' — the time frame in which the
state or local government should act on a request for authorization to place, construct, or modify
personal wireless service facilities, as defined by the FCC. However, to the extent that the local
government cannot reasonably act on the application within the shot clock, the parties are
encouraged to seek a tolling agreement to allow the applicant to vet reasonable design
alternatives and the local government to complete its review. Local governments cannot require a
tolling agreement as a condition of a deviation.
7-See "Acknowledgments" section for full list of participants.
I In October 2018, the LOC in coordination with other municipalities and municipal leagues filed suit against the
FCC in the United States Court of Appeals for the Ninth Circuit.
J See Appendix A
41
The LOC also recognizes there are many ways to structure a design standard. The appropriate
structure will vary by jurisdiction. For purposes of this model, the LOC opted to approach
designs by type of pole and deployment. The model is intended to provide a general framework
and thus is drafted as an outline of provisions jurisdictions may want to include in their final
design standard. In many cases example language is provided to help illustrate the issues to be
addressed. However, the intent is to allow each jurisdiction to draft the substantive provisions
that best reflect local needs and interests. The LOC recommends that jurisdictions that own poles
or other structures in the rights -of -way establish a clear design standard. The circumstances of
each municipality may, and likely will, require modifications to the framework and/or example
language of this model design standard.
Additional Considerations
The LOC model design standards only applies to small wireless facilities. Municipalities should
review their existing ordinances, standards and policies to determine if this framework is
appropriate. Municipalities may want to consider whether it would be preferable to adopt a
utility -neutral standard covering all utilities and communications providers, which would provide
one set of "rules" for the design of the public rights -of -way. Differences in policy choices and
existing standards, among other things, may impact the decision in how to proceed. It is
recommended that cities consult their attorney, ROW specialists, engineers, master plans,
comprehensive plans, goals and/or wireless providers before final adoption of standards. Cities
may choose to adopt design standards administratively or in code.
Understanding the Organization of the Model Design Standards
As stated above, the model is best described as an outline or roadmap to assist municipalities in
drafting the appropriate standards for their community. The model includes example language to
illustrate the intent of the section. The example language, or a variation thereof, may be
appropriate for final adoption in some jurisdictions.
Finally, there may be additional notes or issues for consideration within the subsections of the
model, which are [bracketed] and in ALL CAPS. Again, these notes are is intended as
guidance for municipal drafters, not for adoption in a final ordinance.
42
Small Wireless Facility Design Standards
[GIVEN THAT THE TECHNICAL NEEDS FOR EACH OPERATOR MAY VARY,
JURISDICTIONS ARE ENCOURAGED TO ADOPT DESIGN STANDARDS BY CITY
COUNCIL RESOLUTION AND/OR ADMINISTRATIVELY BY THE CITY MANAGER OR
OTHER OFFICIAL. THIS WAY, CITIES WOULD BE ABLE TO REACT QUICKLY AND
AMEND THE STANDARDS IN RESPONSE TO CHANGES IN LAW AND TECHNOLOGY.
CITIES SHOULD NOTE THAT THIS NIMBLER APPROACH IS POSSIBLE ONLY IF THE
REGULATIONS FOR SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHTS -OF -
WAY ARE LOCATED OUTSIDE OF THE LAND DEVELOPMENT CODE.]
A. Definitions
"Antenna" means the same as defined in 47 C.F.R. § 1.6002(b), as may be amended or
superseded. The term includes an apparatus designed for the purpose of emitting radio
frequencies (RF) to be operated or operating from a fixed location pursuant to Federal
Communications Commission authorization, for the provision of personal wireless service and
any commingled information services. For purposes of this definition, the term antenna does not
include an unintentional radiator, mobile station, or device authorized under 47 C.F.R. Part 15.
"Antenna Equipment" means the same as defined 47 C.F.R. § 1.6002(c), as may be amended or
superseded, which defines the term to mean equipment, switches, wiring, cabling, power sources,
shelters or cabinets associated with an antenna, located at the same fixed location as the antenna,
and, when collocated on a structure, is mounted or installed at the same time as such antenna.
"Antenna Facility" means the same as defined in 47 C.F.R. § 1.6002(d), as may be amended or
superseded, which defines the term to mean an antenna and associated antenna equipment.
"Applicable codes" means uniform building, fire, safety, electrical, plumbing, or mechanical
codes adopted by a recognized national code organization or state or local amendments to those
codes that are of general application and consistent with state and federal law.
"Applicant" means any person who submits an application as or on behalf of a wireless
provider.
"Application" means requests submitted by an applicant (i) for permission to collocate small
wireless facilities; or (ii) to approve the installation, modification or replacement of a structure
on which to collocate a small wireless facility in the rights -of -way, where required.
"Collocate" means the same as defined in 47 C.F.R. § 1.6002(g), as may be amended or
superseded, which defines that term to mean (1) mounting or installing an antenna facility on a
preexisting structure, and/or (2) modifying a structure for the purpose of mounting or installing
an antenna facility on that structure. "Collocation" has a corresponding meaning.
43
"Day" means calendar day. For purposes of the FCC shot clock, a terminal day that falls on a
holiday or weekend shall be deemed to be the next immediate business day.
"Historic District" means a group of buildings, properties, or sites that are either: (1) listed in
the National Register of Historic Places or formally determined eligible for listing by the Keeper
of the National Register in accordance with Section VI.D.1 a.i-v of the Nationwide Programmatic
Agreement codified at 47 C'.I`.R. llatLt l • Appendix (; or, (2) a locally designated historic district
as of the effective date of this [Chapter/Section] or in a locally designated historic district
existing when an application is submitted. [NOTE: THIS IS NOT MEANT TO
RETROACTIVELY AFFECT SWFs ALREADY IN PLACE WHEN A NEW DISTRICT IS
CREATED].
"Person" means an individual, corporation, limited liability company, partnership, association,
trust, or other entity or organization, including the City.
"Pole" means a type of structure in the rights -of -way that is or may be used in whole or in part
by or for wireline communications, electric distribution, lighting, traffic control, signage, or
similar function, or for collocation of small wireless facilities; provided, such term does not
include a tower, building or electric transmission structures.
"Rights -of -Way" or "ROW" means [INSERT A CONSISTENT DEFINITION ACROSS
OTHER CODES. Example: "Right-of-way," "rights -of -way," "public right-of-way," or "ROW"
means and includes, but is not limited to, the space in, upon, above, along, across, over or under
the public streets, roads, highways, lanes, courts, ways, alleys, boulevards, bridges, trails, paths,
sidewalks, bicycle lanes, public utility easements and all other public ways or areas, including
the subsurface under and air space over these areas, but does not include parks, parkland, or
other City property not generally open to the public for travel.]
"Small wireless facility" means a facility that meets each of the following conditions per 47
C.F.R § 1.6002(n, as may be amended or superseded:
The proposed facilities meet one of the following height parameters:
a. are mounted on structures 50 feet or less in height including their antennas as
defined in 47 C.F.R. Section 1.1320(d), or
b. are mounted on structures no more than 10 percent taller than other adjacent
structures, or
c. do not extend existing structures on which they are located to a height of more
than 50 feet or by more than 10 percent, whichever is greater,
2. Each antenna or antenna enclosure shall not exceed three cubic feet in volume.
The total volume of installed equipment external to the pole (including, but not
limited to cabinets, vaults, boxes) shall not exceed twenty-eight (28) cubic feet. This
maximum applies to all equipment installed at the time of original application and
includes any equipment to be installed at a future date. Antennas and antenna
44
enclosures are excluded. If equipment exceeds this maximum, the installation will be
redefined as a Macro site installation and all the associated standards and rates for
Macro installations will be applied.
4. The facilities do not result in human exposure to radio frequency radiation in excess of
the applicable safety standards specified in the FCC's Rules and Regulations [47 C.F.R.
section 1.1307(b)].
"Structure" means the same as provided in 47 C.F.R. § 1.6002(m), as may be superseded or
amended, which defines the term as a pole, tower, base station, or structure, whether or not it has
an existing antenna facility, that is used or to be used for the provision of personal wireless
service (whether on its own or comingled with other types of service).
[IF THE CITY HAS SPECIFIC CODES OR ORDINANCES WITH DEFINITIONS
RELATING TO SWF, CONSIDER INCLUDING DEFINITIONS OR A CROSS REFERENCE
HERE.]
B. General Requirements.
[NOTE: SECTION (13)(1) IS OPTIONAL. CITIES SHOULD CONSIDER A
PREFERENCE THAT IS IN LINE WITH GOALS AND CURRENT STANDARDS ON
WHETHER THE CITY PREFERS GROUND -MOUNTED EQUIPMENT OR NOT.]
Ground -mounted equipment in the right-of-way is discouraged, unless the applicant can
demonstrate that pole -mounted equipment is not technically feasible, or the electric utility
requires placement of equipment on the ground (such as an electric meter). If ground -
mounted equipment is necessary, then the applicant shall conceal the equipment in a
cabinet, in street furniture or with landscaping. [THE TERM "TECHNICALLY
FEASIBLE" IS USED BY THE FCC TO DESCRIBE WHEN AESTHETIC
STANDARDS MAY BE FOUND TO BE REASONABLE AND DO NOT
MATERIALLY INHIBIT THE WIRELESS SERVICE PROVIDER'S ABILITY TO
PROVIDE SERVICE.]
Replacement poles, new poles and all antenna equipment shall comply with the
Americans with Disabilities Act ("ADA"), city construction and sidewalk clearance
standards and city, state and federal laws and regulations in order to provide a clear and
safe passage within, through and across the right-of-way. Further, the location of any
replacement pole, new pole, and/or antenna equipment must comply with applicable
traffic requirements, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic
control devices), and not adversely affect public health, safety or welfare. [NOTE: ADA
REQUIREMENTS, WALKING SPACE, BOLT PATTERNS AND OTHER
GENERALLY APPLICABLE CONSTRUCTION STANDARDS ALL NEED TO BE
CONSIDERED. THESE CAN BE LIMITING DESIGN FACTORS.]
3. Replacement poles shall be located as near as feasible to the existing pole. The
abandoned pole must be removed within days. [NOTE: KEEP CONSISTENT
45
WITH OTHER CODES OR REQUIREMENTS ABOUT TIMEFRAMES TO REMOVE
EQUIPMENT.]
4. Any replacement pole shall substantially conform to the material and design of the
existing pole or adjacent poles located within the contiguous right-of-way unless a
different design is requested and approved pursuant to Section 1.
5. No advertising, branding or other signage is allowed unless approved by the [City
designee] as a concealment technique or as follows:
a. Safety signage as required by applicable laws, regulations, and standards; and,
b. Identifying information and 24-hour emergency telephone number (such as the
telephone number for the operator's network operations center) on wireless
equipment in an area that is visible.
[NOTE: IDENTIFYING SIGNAGE IS USUALLY REQUIRED TO BE PLACED ON
THE POLE AND READABLE FROM THE GROUND AS A MINIMUM. A CITY
MAY ADD ADDITIONAL REQUIREMENTS FOR PLACEMENT. STANDARDS
FOR SIGNAGE ARE ADVISORY AND MAY BE SUBJECT TO OVERSIGHT BY
MULTIPLE FEDERAL AGENCIES. ALTHOUGH THE FCC'S REGULATIONS
ULTIMATELY CONTROL, THE FCC'S REGULATIONS ARE GENERAL AND
CAN BE UNCLEAR. AS A BEST PRACTICE, CITIES MAY WISH TO CONSULT
THE MORE DETAILED RECOMMENDATIONS BY THE OCCUPATIONAL
SAFETY AND HEALTH ADMINISTRATION.]
6. The total volume of multiple antennas on one structure shall not exceed fifteen (15)cubic
feet, unless additional antenna volume is requested and approved pursuant to Section I.
7. Antennas and antenna equipment shall not be illuminated except as required by
municipal, federal or state authority, provided this shall not preclude deployment on a
new or replacement street light.
8. Small wireless facilities may not displace any existing street tree or landscape features
unless: (a) such displaced street tree or landscaping is replaced with native and/or
drought -resistant trees, plants or other landscape features approved by the City, and
(b) the applicant submits and adheres to a landscape maintenance plan or agrees to
pay an appropriate in -lieu fee for the maintenance costs.
C. Small Wireless Facilities Attached to Wooden Poles and Non -Wooden Poles with
Overhead Lines. Small wireless facilities located on wooden utility poles and non -wooden
utility poles with overhead lines shall conform to the following design criteria unless a
deviation is requested and approved pursuant to Section I:
[IN OREGON, PGE AND PACIFIC CORP ARE THE MOST COMMON UTILITY POLE
OWNERS. BOTH HAVE THEIR OWN DESIGN STANDARDS. CITIES SHOULD
W.
WORK WITH POLE OWNERS TO FIND WHAT WORKS BEST FOR THEIR
COMMUNITIES AND COMPARE DESIGN STANDARDS.]
1. Proposed antenna and related equipment shall meet:
a. The City's design standards for small wireless facilities;
b. The pole owner requirements; and
c. National Electric Safety Code ("NESC") and National Electric Code ("NEC")
standards.
2. The pole at the proposed location may be replaced with a taller pole or extended for
the purpose of accommodating a small wireless facility; provided that the
replacement or extended pole, together with any small wireless facility, does not
exceed 50 feet in height or 10 percent taller than adjacent poles, whichever is greater.
The replacement or extended pole height may be increased if required by the pole
owner, and such height increase is the minimum necessary to provide sufficient
separation and/or clearance from electrical and wireline facilities. Such replacement
poles may either match the approximate color and materials of the replaced pole or
shall be the standard new pole used by the pole owner in the city.
To the extent technically feasible, antennas, equipment enclosures, and all ancillary
equipment, boxes, and conduit shall match the approximate material and design of the
surface of the pole or existing equipment on which they are attached, or adjacent
poles located within the contiguous right-of-way. Near matches may be permitted by
the City when options are limited by technical feasibility considerations, such as
when high -frequency antennas cannot be placed within an opaque shroud but could
be wrapped with a tinted film.
4. Antennas which are mounted on poles shall be mounted as close to the pole as
technically feasible and allowed by the pole owner.
5. No antenna shall extend horizontally more than 20 inches past the outermost
mounting point (where the mounting hardware connects to the antenna), unless
additional antenna space is requested and approved pursuant to Section I. [NOTE:
THE 20 INCH STANDARD HERE IS NOT INTENDED TO DICTATE THE SIZE
OF THE ANTENNA. RATHER, TO DICTATE THE DISTANCE BETWEEN THE
ANTENNA/ANTENNA EQUIPMENT AND THE POLE ITSELF.]
6. Antenna equipment, including but not limited to radios, cables, associated shrouding,
disconnect boxes, meters, microwaves and conduit, which is mounted on poles shall
be mounted as close to the pole as technically feasible and allowed by the pole owner.
7. Antenna equipment for small wireless facilities must be attached to the pole, unless
otherwise required by the pole owner or permitted to be ground -mounted [pursuant to
subsection (11)(1) above]. The equipment must be placed in an enclosure reasonably
related in size to the intended purpose of the facility. [IF APPLICABLE, THE
APPLICANT IS ENCOURAGED TO PLACE THE EQUIPMENTENCLOSURE(S)
47
BEHIND ANY DECORATIONS, BANNERS OR SIGNS THAT MAY BE ON THE
POLE. IN APPROPRIATE CIRCUMSTANCES, CITIES MAY ALSO WISH TO
CONSIDER ALLOWING ENCLOSURES THAT INCLUDE REASONABLE
SPACE FOR FUTURE ADDITIONAL EQUIPMENT.]
8. All cables and wiring shall be covered by conduits and cabinets to the extent that it is
technically feasible, if allowed by pole owner. The number of conduits shall be
minimized to the extent technically feasible.
D. Small Wireless Facilities Attached to Non -Wooden Light Poles and Non -Wooden Utility
Poles without Overhead Utility Lines. Small wireless facilities attached to existing or
replacement non -wooden light poles and non -wooden utility poles without overhead lines
shall conform to the following design criteria unless a deviation is requested and approved
pursuant to Section is
[NOTE: JURISDICTION MAY PREFER A OR B OR BOTH. ALSO, NOTE THAT THE
MOST COMMON TYPES OF THESE POLES ARE DUAL USE POLES. DUAL USE
POLES USUALLY REQUIRE SEPARATION INSIDE THE POLE TO KEEP THE
UTILITY EQUIPMENT SEPARATE FROM NEW OR ADDED EQUIPMENT FROM
SMALL WIRELESS FACILITIES. HOWEVER, THERE MAY BE STANDALONE
SMALL WIRELESS FACILITIES POLES THAT MAY USE OPTION A OR B OR
BOTH.]
a. External Equipment. The antennas and associated equipment enclosures must be
camouflaged to appear as an integral part of the pole or be mounted as close to the
pole as feasible and must be reasonably related in size to the intended purpose of
the facility and reasonable expansion for future frequencies and/or technologies,
not to exceed the volumetric requirements described in Section A. If the
equipment enelosure(s) is mounted on the exterior of the pole, the applicant is
encouraged to place the equipment enclosure(s) behind any decorations, banners
or signs that may be on the pole. Conduit and fiber must be fully concealed within
the pole.
b. Concealed Equipment. All equipment (excluding disconnect switches), conduit
and fiber must be fully concealed within the pole. The antennas must be
camouflaged to appear as an integral part of the pole or be mounted as close to the
pole as feasible. [NOTE: AT THIS TIME, MILLIMETER WAVE ANTENNAS
CANNOT BE COVERED OR SHROUDED, THEREFORE THEY MUST BE
MOUNTED TO THE OUTSIDE OF THE POLE. POLES MAY HAVE TO BE
SIGNIFICANTLY BIGGER IN DIAMETER IF EQUIPMENT IS CONCEALED
IN OPTION B (ACCORDING TO POLE MANUFACTURES APPROX. 16-20
INCHES). OPTION A MAY REQUIRE A REPLACEMENT POLE. THE
DIAMETER OF THE POLE SHOULD BE SIMILAR TO THE ORIGINAL.]
2. Any replacement pole shall substantially conform to the material and design of the
existing pole or adjacent poles located within the contiguous right-of-way unless a
different design is requested and approved pursuant to Section I.
3. The height of any replacement pole may not extend more than 10 feet above the height of
the existing pole, unless such further height increase is required in writing by the pole
owner.
E. New Poles. Small wireless facilities maybe attached to new poles that are not replacement
poles under sections C or D, installed by the wireless provider, subject to the following
criteria:
[NOTE: CITIES SHOULD CHECK WITH OTHER CODES TO MAKE SURE THIS
SECTION DOES NOT CONFLICT WITH PRACTICES OF NO NEW POLES OR POLE
NEUTRAL PRACTICES, AND REVISE SUCH CODES AS APPROPRIATE.]
Antennas, antenna equipment and associated equipment enclosures (excluding disconnect
switches), conduit and fiber shall be fully concealed within the structure. If such
concealment is not technically feasible, or is incompatible with the pole design, then the
antennas and associated equipment enclosures must be camouflaged to appear as an
integral part of the structure or mounted as close to the pole as feasible, and must be
reasonably related in size to the intended purpose of the facility, not to exceed the
volumetric requirements in Section (A)(3). [IN APPROPRIATE CIRCUMSTANCES,
CITIES MAY ALSO WISH TO CONSIDER ALLOWING ENCLOSURES THAT
INCLUDE REASONABLE SPACE FOR FUTURE ADDITIONAL EQUIPMENT.]
2. To the extent technically feasible, all new poles and pole -mounted antennas and
equipment shall substantially conform to the material and design of adjacent poles
located within the contiguous right-of-way unless a different design is requestedand
approved pursuant to Section I.
New poles shall be no more than forty (40) feet in height unless additional height is
requested and approved pursuant to Section I. [NOTE: THE FCC DEFINITION
CONSIDERS A FACILITY A SMALL WIRELESS FACILITY IF IT IS 50 FT. OR
UNDER. SMALL CELL TECHNOLOGY WORKS BEST WHEN DEPLOYED
BETWEEN 35-45 FT. AND OTHER THAN DEPLOYMENTS ON UTILITY POLES,
MOST WIRELESS PROVIDERS DO NOT NEED 50 FT TO DEPLOY. THEREFORE,
IT MAY BE POSSIBLE TO HAVE NEW POLES THAT ARE NOT 50 FT.]
4. The city prefers that wireless providers install small wireless facilities on existing or
replacement poles instead of installing new poles, unless the wireless provider can
document that installation on an existing or replacement pole is not technically feasible or
otherwise not possible (due to a lack of owner authorization, safety considerations, or
other reasons acceptable to the [City designee]).
49
[NOTE: CITIES MAY CONSIDER THE SPACING BETWEEN POLES/DEPLOYMENTS,
IT IS RECOMMENDED THAT CITIES CONSIDER DISTANCES BETWEEN NEW
POLES BY AN INDIVIDUAL PROVIDER RATHER THAN ALL SWF
DEPOLOYMENTS. SPACING MAY VARY BECAUSE OF BUILDINGS,
TOPOGRAPHY, SIZE OF INSTALLATION, ETC. THEREFORE, IT IS
RECOMMENDED THAT CITIES WORK WITH PROVIDERS TO SEE WHAT IS
FEASIBLE.THE FCC PROVIDES THAT MINIMUM SPACING REQUIREMENTS
CANNOT PREVENT A PROVIDER FROM REPLACING ITS PREEXISTING
FACILITIES OR COLLOCATING NEW EQUIPMENT ON A STRUCTURE ALREADY
IN USE. ULTIMATELY, MINIMUM SPACING REQUIREMENTS WILL BE
EVALUATED UNDER THE FCC'S TEST FOR AESTHETIC REGULATIONS — THAT
THE REQUIREMENTS MUST BE (1) REASONABLE; (2) NO MORE BURDENSOME
THAN THOSE APPLIED TO OTHER INFRASTRUCTURE DEPLOYMENTS; (3)
OBJECTIVE, AND (4) PUBLISHED IN ADVANCE.]
F. Undergrounding Requirements. [ACCORDING TO THE FCC ORDER,
UNDERGROUNDING REQUIREMENTS ARE SUBJECT TO THE SAME CRiTERIAAS
OTHER AESTHETIC STANDARDS.
SOME COMPONENTS OF SMALL WIRELESS FACILITTIES WILL OFTEN NOT
WORK UNDERGROUND. THEREFORE, CITIES UNDERGROUNDING
REQUIREMENTS OR UNDERGROUND DISTRICTS MAY CREATE AN EFFECTIVE
PROHIBITION. CITIES ARE ENCOURAGED TO REVIEW CURRENT
UNDERGROUNDING REQUIREMENTS AND WORK WITH THEIR
ATTORNEYS/ROW SPECIALISTS TO MAKE SURE THOSE REQUIREMENTS ARE
NOT IN CONFLICT WITH THE FCC ORDER.]
G. Historic District Requirements.
Small wireless facilities or poles to support collocation of small wireless facilities located in
Historic Districts shall be designed to have a similar appearance, including material and
design elements, if technically feasible, of other poles in the rights -of -way within 500 feet of
the proposed installation. Any such design or concealment measures may not be considered
part of the small wireless facility for purpose of the size restrictions in the definition of small
wireless facility.
H. Strand Mounted Equipment. Strand mounted small wireless facilities arepermitted,
subject to the following criteria:
1. Each strand mounted antenna shall not exceed 3 cubic feet in volume, unless adeviation
is requested and approved pursuant to Section I.
2. Only 2 strand mounted antennas are permitted between any two existing poles.
l0
50
3. Strand mounted devices shall be placed as close as possible to the nearest pole and inno
event more than five feet from the pole unless a greater distance is required by the pole
owner.
4. No strand mounted device will be located in or above the portion of the roadway open to
vehicular traffic.
5. Strand mounted devices must be installed with the minimum excess exterior cablingor
wires (other than original strand) to meet the technological needs of the facility.
I. Deviation from Design Standards.
I. An applicant may obtain a deviation from these design standards if compliance with the
standard: (a) is not technically feasible; (b) impedes the effective operation of the small
wireless facility; (c) impairs a desired network performance objective; (d) conflictswith
pole owner requirements; or (e) otherwise materially inhibits or limits the provision of
wireless service. [NOTE: SINCE DEVIATIONS FROM THE DESIGN STANDARDS
MAY LEAD TO QUESTIONS FOR WHY ONE PROVIDER WAS ALLOWED AN
EXCEPTION AND ANOTHER WAS NOT, IT IS ADVISED THAT CITIES
DOCUMENT REASONS FOR DEVIATIONS.]
When requests for deviation are sought under subsections (I)(1)(a)-(e), the request must
be narrowly tailored to minimize deviation from the requirements of these design
standards, and the [City designee] must find the applicant's proposed design provides
similar aesthetic value when compared to strict compliance with these standards.
3. [City designee] may also allow for a deviation from these standards when it finds the
applicant's proposed design provides equivalent or superior aesthetic value when
compared to strict compliance with these standards.
4. The small wireless facility design approved under this Section I must meet theconditions
of 47 C.F.R. Sec. 1.6002(o.
5. [City designee] will review and may approve a request for deviation to the minimum
extent required to address the applicant's needs or facilitate a superior design. [NOTE:
CITIES MAY RECOMMEND A PRE -MEETING WITH PROVIDERS IF A
DEVIATION FROM STANDARDS IS BEING CONSIDERED. HOWEVER, PRE -
MEETINGS MUST BE OPTIONAL. MANDATORY PRE -MEETINGS, WHETHER
WITH STAFF, MEMBERS OF THE COMMUNITY OR NEIGHBORHOOD
ASSOCIATIONS, WILL TRIGGER THE SHOT CLOCK TO START.]
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51
Acknowledgements
Alan Bar, Verizon
Alan Galloway, Davis Wright Tremaine
Andrew Bartlett, City of Hillsboro
Cindy Manheim, AT&T
Colleen DeShazer, Verizon
Dave Waffle, City of Beaverton
George Granger, AT&T
Jennifer Backhaus, City of Milwaukie
Jennifer Li, City of Portland
Ken Lyons, Wireless Policy Group (AT&T)
Kim Allen, Wireless Policy Group (Verizon)
Madison Thesing, City of Lake Oswego
Meridee Pabst, Wireless Policy Group (AT&T)
Michael Johnston, Telecom Law Finn
Pam Vaughan, City of Corvallis
Reba Crocker, ROW Consultants LLC (formerly with the cities of Milwaukie and Gladstone)
Rich Roche, Formerly with AT&T
Robert "Tripp" May III, Telecom Law Firm
Ryan Zink, City of Salem
Sambo Kirkman, City of Beaverton
Scott McClure, Formerly with the City of Monmouth
Steve Coon, Verizon
Tegan Enloe, City of Tigard
Tim Halinski, T-Mobile
12
52
Appendix A — Shot Clock Information
Shot clock provisions that apply to small wireless facilities are codified in 47 C.F.R. Section
1.6003, which is provided below.
§1.6003 Reasonable periods of time to act on siting applications.
(a) Timely action required. A siting authority that fails to act on a siting application on or before the shot
clock date for the application, as defined in paragraph (e) of this section, is presumed not to have acted within
a reasonable period of time.
(b) Shot clock period. The shot clock period for a siting application is the sumof—
(1) The number of days of the presumptively reasonable period of time for the pertinent type of
application, pursuant to paragraph (c) of this section; plus
(2) The number of days of the tolling period, if any, pursuant to paragraph (d) of this section,
(c) Presumptively reasonable periods of time—(1) Review periods for individual applications. The
following are the presumptively reasonable periods of time for action on applications seeking authorization for
deployments in the categories set forth in paragraphs (c)(1)(i) through (iv) of thissection:
(i) Review of an application to collocate a Small Wireless Facility using an existing structure; 60 days,
(ii) Review of an application to collocate a facility other than a Small Wireless Facility using an existing
structure; 90 days.
(iii) Review of an application to deploy a Small Wireless Facility using a new structure: 90 days.
(iv) Review of an application to deploy a facility other than a Small Wireless Facility using a new
structure: 150 days.
(2) Batching. (i) If a single application seeks authorization for multiple deployments, all of which fall
within a category set forth in either paragraph (c)(1)(i) or (iii) of this section, then the presumptively
reasonable period of time for the application as a whole is equal to that for a single deployment within that
category.
(ii) If a single application seeks authorization for multiple deployments, the components of which are a
mix of deployments that fall within paragraph (c)(1)(i) of this section and deployments that fall within
paragraph (c)(1)(iii) of this section, then the presumptively reasonable period of time for the application as a
whole is 90 days.
(iii) Siting authorities may not refuse to accept applications under paragraphs (c)(2)(i) and (ii) of this
section.
(d) Tolling period. Unless a written agreement between the applicant and the siting authority provides
otherwise, the tolling period for an application (if any) is as set forth in paragraphs (d)(1) through (3) of this
section.
(1) For an initial application to deploy Small Wireless Facilities, if the siting authority notifies the
applicant on or before the l Oth day after submission that the application is materially incomplete, and clearly
and specifically identifies the missing documents or information and the specific rule or regulation creatingthe
13
53
obligation to submit such documents or information, the shot clock date calculation shall restart at zero on the
date on which the applicant submits all the documents and information identified by the siting authority to
render the application complete.
(2) For all other initial applications, the tolling period shall be the number of daysfrom—
(i) The day after the date when the siting authority notifies the applicant in writing that the application is
materially incomplete and clearly and specifically identifies the missing documents or information that the
applicant must submit to render the application complete and the specific rule or regulation creating this
obligation; until
(ii) The date when the applicant submits all the documents and information identified by the siting
authority to render the application complete;
(iii) But only if the notice pursuant to paragraph (d)(2)(i) of this section is effectuated on or before the
30th day after the date when the application was submitted;or
(3) For resubmitted applications following a notice of deficiency, the tolling period shall be the number
of days from—
(i) The day after the date when the siting authority notifies the applicant in writing that the applicant's
supplemental submission was not sufficient to render the application complete and clearly and specifically
identifies the missing documents or information that need to be submitted based on the siting authority's
original request under paragraph (d)(1) or (2) of this section;until
(ii) The date when the applicant submits all the documents and information identified by the siting
authority to render the application complete;
(iii) But only if the notice pursuant to paragraph (d)(3)(i) of this section is effectuated on or before the
loth day after the date when the applicant makes a supplemental submission in response to the siting
authority's request under paragraph (d)(1) or (2) of this section.
(e) Shot clock date. The shot clock date for a siting application is determined by counting forward,
beginning on the day after the date when the application was submitted, by the number of calendar days of the
shot clock period identified pursuant to paragraph (b) of this section and including any pre -application period
asserted by the siting authority; provided, that if the date calculated in this manner is a "holiday" as defined in
§ 1.4(e)(1) or a legal holiday within the relevant State or local jurisdiction, the shot clock date is the next
business day after such date. The term "business day" means any day as defined in §1.4(e)(2) and any day that
is not a legal holiday as defined by the State or local jurisdiction
14
54
Appendix B — Code of Federal Regulations (C.F.R.) Cited Throughout Document
1.1307
§1.1307 Actions that may have a significant environmental effect, for which Environmental
Assessments (EAs) must be prepared.
linkt���inamemi ment_publi hedal85l�R_18142�Apr__I,_ 02ll.
Link to a correction of the above ameadmew published at g5. FR 33578,_June 2._ 2120.
(a) Commission actions with respect to the following types of facilities may significantly affect the
environment and thus require the preparation of EAs by the applicant (see §§ 1.1308 and 1.131 l) and may
require further Commission environmental processing (see §§ 1.1314, 1.1315 andl.1317):
(1) Facilities that are to be located in an officially designated wilderness area.
(2) Facilities that are to be located in an officially designated wildlife preserve.
(3) Facilities that: (i) May affect listed threatened or endangered species or designated critical habitats; or
(ii) are likely to jeopardize the continued existence of any proposed endangered or threatened species or likely
to result in the destruction or adverse modification of proposed critical habitats, as determined by the Secretary
of the Interior pursuant to the Endangered Species Act of 1973.
Noce: The list of endangered and threatened species is contained in 50 CFR 17.11, 17.22, 222.23(a) and 227.4. The list of
designated critical habitats is contained in 50 CFR 17.95, 17.96 and part 226. To ascertain the status of proposed species and
habitats, inquiries may be directed to the Regional Director of the Fish and Wildlife Service, Department of the Interior.
(4) Facilities that may affect districts, sites, buildings, structures or objects, significant in American
history, architecture, archeology, engineering or culture, that are listed, or are eligible for listing, in the
National Register of Historic Places (see 54 U.S.C. 300308; 36 CFR parts 60 and 800), and that are subject to
review pursuant to section 1.1320 and have been determined through that review process to have adverse
effects on identified historic properties.
(5) Facilities that may affect Indian religious sites.
(6) Facilities to be located in floodplains, if the facilities will not be placed at least one foot above the
base flood elevation of the floodplain.
(7) Facilities whose construction will involve significant change in surface features (e.g., wetland fill,
deforestation or water diversion). (In the case of wetlands on Federal property, see Executive Order11990.)
(9) Antenna towers and/or supporting structures that are to be equipped with high intensity white lights
which are to be located in residential neighborhoods, as defined by the applicable zoning law.
(b) In addition to the actions listed in paragraph (a) of this section, Commission actions granting
construction permits, licenses to transmit or renewals thereof, equipment authorizations or modifications in
existing facilities, require the preparation of an Environmental Assessment (EA) if the particular facility,
operation or transmitter would cause human exposure to levels of radiofrequency radiation in excess of the
limits in §§ l .1310 and 2.1093 of this chapter. Applications to the Commission for construction permits,
licenses to transmit or renewals thereof, equipment authorizations or modifications in existing facilitiesmust
15
55
contain a statement confirming compliance with the limits unless the facility, operation, or transmitter is
categorically excluded, as discussed below. Technical information showing the basis for this statement must be
submitted to the Commission upon request. Such compliance statements may be omitted from license
applications for transceivers subject to the certification requirement in §25.129 of this chapter_
(1) The appropriate exposure limits in §§1.1310 and 2.1093 of this chapter are generally applicable to all
facilities, operations and transmitters regulated by the Commission. However, a determination of compliance
with the exposure limits in § 1. 13 10 or §2.1093 of this chapter (routine environmental evaluation), and
preparation of an EA if the limits are exceeded, is necessary only for facilities, operations and transmitters that
fall into the categories listed in table 1, or those specified in paragraph (b)(2) of this section, All other
Facilities, operations and transmitters are categorically excluded from making such studies or preparing an EA,
except as indicated in paragraphs (c) and (d) of this section. For purposes of table 1, building -mounted
antennas means antennas mounted in or on a building structure that is occupied as a workplace or residence.
The term power in column 2 of table 1 refers to total operating power of the transmitting operation in question
in terms of effective radiated power (ERP), equivalent isotropically radiated power (EIRP), or peak envelope
power (PEP), as defined in §2.1 of this chapter. For the case of the Cellular Radiotelephone Service, subpart H
of part 22 of this chapter; the Personal Communications Service, part 24 of this chapter and the Specialized
Mobile Radio Service, part 90 of this chapter, the phrase total power of all channels in column 2 of table l
means the sum of the ERP or EIRP of all co -located simultaneously operating transmitters owned and operated
by a single licensee. When applying the criteria of table 1, radiation in all directions should be considered. For
the case of transmitting facilities using sectorized transmitting antennas, applicants and licensees should apply
the criteria to all transmitting channels in a given sector, noting that for a highly directional antenna there is
relatively little contribution to ERP or EIRP summation for other directions.
TABLE 1—TRANSMITTERS, FACILITIES AND OPERATIONS SUBJECT TO ROUTINE ENVIRONMENTAL
EVALUATION
Service (title 47 CFR rule part)
Evaluation required if:
Experimental Radio Services (part 5)
Power >I00 W ERP (164 W EIRP),
Commercial Mobile Radio Services
Pion -building -mounted antennas: height above ground level to lowest
(part 20)
point of antenna <10 in and power >1000 W ERP (1640 W EIRP).
Building -mounted antennas: power >1000 W ERP (1640 W EIRP).
Consumer Signal Booster equipment grantees under the Commercial
Mobile Radio Services provisions in part 20 are required to attach a
label to Fixed Consumer Booster antennas that:
(1) Provides adequate notice regarding potential radiofrequency
safety hazards, e.g., information regarding the safe minimum
separation distance required between users and transmitting antennas;
and
(2) references the applicable FCC -adopted limits for radiofrequency
exposure specified in § 1.1310.
Paging and Radiotelephone Service
Mon -building -mounted antennas: height above ground level to lowest
subpart E of part 22)
point of antenna <10 m and power>1000 W ERP (1640 W EIRP).
.Building -mounted antennas: power>1000 W ERP (1640 W EIRP).
Cellular Radiotelephone Service
(subpart H of part 22)
Dion -building -mounted antennas: height above ground level to lowest
point of antenna <10 m and total power of all channels >1000 W 6RP
1640 W EIRP).
16
56
Building -mounted antennas: total power of all channels >1000 W
ERP (1640 W EIRP).
Personal Communications Services
(1) Narrowband PCS (subpart D):
( art 24)
Non -building -mounted antennas: height above ground level to
lowest point of antenna <10 m and total power of all channels >1000
W ERP (1640 W EIRP).
Building -mounted antennas: total power of all channels >1000 W
ERP (1640 W EIRP).
(2) Broadband PCS (subpart E):
Non -building -mounted antennas: height above ground level to
lowest point of antenna <10 m and total power of all channels >2000
W ERP (3280 W EIRP).
Building -mounted antennas: total power of all channels >2000 W
ERP (3280 W EIRP).
,satellite Communications Services (parr
All included.
25)
In addition, for NGSO subscriber equipment, licensees are required t
attach a label to subscriber transceiver antennas that:
(1) provides adequate notice regarding potential radiofrequency
safety hazards, e.g., information regarding the safe minimum
separation distance required between users and transceiver antennas;
and
(2) references the applicable FCC -adopted limits for radiofrequency
exposure specified in § 1. 13 10 of this chapter.
(1) For the 1390-1392 MHz, 1392-1395 MHz, 1432-1435 MHz,
Miscellaneous Wireless
Communications Services (part 27
1670-1675 MHz, and 2385-2390 MHz bands:
except subpart M)
Non -building -mounted antennas: height above ground level to
lowest point of antenna <10 m and total power of all channels >2000
W ERP (3280 W EIRP).
Building -mounted antennas: total power of all channels >2000 W
ERP (3280 W EIRP).
(2) For the 698-746 MHz, 746-764 MHz, 776-794 MHz, 2305-2320
MHz, and 2345-2360 MHz bands:
Total power of all channels >1000 W ERP (1640 W EIRP).
Broadband Radio Service and
Non -building -mounted antennas: height above ground level to lowest
Educational Broadband Service (subpar
point of antenna <10 m and power > 1640 W EIRP.
M of part 27)
Building -mounted antennas: power >1640 W EIRP.
BRS and EBS licensees are required to attach a label to subscriber
transceiver or transverter antennas that:
17
57
(1) provides adequate notice regarding potential radiofrequency
safety hazards, e.g., information regarding the safe minimum
separation distance required between users and transceiver antennas;
and
(2) references the applicable FCC -adopted limits for radiofrequency
exposure specified in § 1.1310.
Upper Microwave Flexible Use Service
Non -building -mounted antennas: Height above ground level to lowest
( art 30point
of antenna <10 in and power >1640 W EIRP.
.Antennas are mounted on buildings.
Radio Broadcast Services (part 73)
All included.
Auxiliary and Special Broadcast and
Subparts G and L: Power>100 W ERP
Other Program Distributional Services
(part 74)
Stations in the Maritime Services (part
Ship earth stations only.
80)
Private Land Mobile Radio Services
Non -building -mounted antennas: height above ground level to lowest
Paging Operations (subpart P of part
point of antenna <10 m and power>1000 W ERP (1640 W EIRP),
90)
Building -mounted antennas: power >1000 W ERP (1640 W EIRP),
Private Land Mobile Radio Services
Nan -building -mounted antennas: height above ground level to Iowcs
Specialized Mobile Radio (subpart S of
point of antenna <10 in and total power of all channels > 1000 W ER
part 90)
(1640 W EIRP).
Building -mounted antennas: Total power of all channels >1000 W
ERP (1640 W EIRP).
76-81 GHz Radar Service (part 95)
All included.
'Transmitter output power >levels specified in §97.13(c)(1) of this
Amateur Radio Service (part 97)
chapter.
Local Multipoint Distribution Service
Non -building -mounted antennas: height above ground level to lowest
(subpart L of part 101) and 24 GHz
point of antenna <10 in and power >1640 W EIRP.
(subpart G of part 101)
Building -mounted antennas: power>1640 W EIRP.
LMDS and 24 GHz Service licensees are required to attach a label to
subscriber transceiver antennas that:
(1) provides adequate notice regarding potential radiofrequency
safety hazards, e.g., information regarding the safe minimum
separation distance required between users and transceiver antennas;
,and
(2) references the applicable FCC -adopted limits for radiofrequency
ex osure s ecified in § 1.1310.
70/80/90 GHz Bands (subpart Q of part
Non -building -mounted antennas: height above ground level to lowest
101) ipoint
of antenna <10 in and power >1640 W EIRP.
18
Building -mounted antennas: power >1640 W EIRP,
Licensees are required to attach a label to transceiver antennas that:
(1) provides adequate notice regarding potential radiofrequency
.safety hazards, e.g., information regarding the safe minimum
;separation distance required between users and transceiver antennas;
and
(2) references the applicable FCC -adopted limits for radiofrequency
ex osure s ecified in § 1.1310.
(2)(i) Mobile and portable transmitting devices that operate in the Commercial Mobile Radio Services
pursuant to part 20 of this chapter; the Cellular Radiotelephone Service pursuant to part 22 of this chapter; the
Personal Communications Services (PCS) pursuant to part 24 of this chapter; the Satellite Communications
Services pursuant to part 25 of this chapter; the Miscellaneous Wireless Communications Services pursuant to
part 27 of this chapter; the Upper Microwave Flexible User Service pursuant to part 30 of this chapter; the
Maritime Services (ship earth stations only) pursuant to part 80 of this chapter; the Specialized Mobile Radio
Service, the 4.9 GHz Band Service, and the 3650 MHz Wireless Broadband Service pursuant to part 90 of this
chapter; the Wireless Medical Telemetry Service (WMTS), the Medical Device Radiocommunication Service
(MedRadio), and the 76-81 GHz Band Radar Service pursuant to part 95 of this chapter, and the Citizens
Broadband Radio Service pursuant to part 96 of this chapter are subject to routine environmental evaluation for
RF exposure prior to equipment authorization or use, as specified in §§2.1091 and 2.1093 of this chapter.
(ii) Unlicensed PCS, unlicensed NTT, and millimeter -wave devices are also subject to routine
environmental evaluation for RF exposure prior to equipment authorization or use, as specified in §§ 15.255(g),
15.257(g), 15.319(i), and 15.407(f) of this chapter.
(iii) Portable transmitting equipment for use in the Wireless Medical Telemetry Service (WMTS) is
subject to routine environmental evaluation as specified in §§2.1093 and 95.2385 of thischapter.
(iv) Equipment authorized for use in the Medical Device Radiocommunication Service (MedRadio) as a
medical implant device or body -worn transmitter (as defined in subpart I of part 95 of this chapter) is subject to
routine environmental evaluation for RF exposure prior to equipment authorization, as specified in §§2.1093
and 95.2585 of this chapter by finite difference time domain (FDTD) computational modeling or laboratory
measurement techniques. Where a showing is based on computational modeling, the Commission retains the
discretion to request that supporting documentation and/or specific absorption rate (SAR) measurement data be
submitted.
(v) All other mobile, portable, and unlicensed transmitting devices are categorically excluded from
routine environmental evaluation for RF exposure under §§2.1091, 2.1093 of this chapter except as specified
in paragraphs (c) and (d) of this section.
(3) In general, when the guidelines specified in §1.1310 are exceeded in an accessible area due to the
emissions from multiple fixed transmitters, actions necessary to bring the area into compliance are the shared
responsibility of all licensees whose transmitters produce, at the area in question, power density levels that
exceed 5% of the power density exposure limit applicable to their particular transmitter or field strength levels
that, when squared, exceed 5% of the square of the electric or magnetic field strength limit applicable to their
particular transmitter. Owners of transmitter sites are expected to allow applicants and licensees to take
reasonable steps to comply with the requirements contained in § 1.1307(b) and, where feasible, should
encourage co -location of transmitters and common solutions for controlling access to areas where the RF
exposure limits contained in § 1. 13 10 might be exceeded.
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(i) Applicants for proposed (not otherwise excluded) transmitters, facilities or modifications that would
cause non-compliance with the limits specified in § 1. 13 10 at an accessible area previously in compliance must
submit an EA if emissions from the applicant's transmitter or facility would result, at the area in question, in a
power density that exceeds 5% of the power density exposure limit applicable to that transmitter or facility or
in a field strength that, when squared, exceeds 5% of the square of the electric or magnetic field strength limit
applicable to that transmitter or facility.
(ii) Renewal applicants whose (not otherwise excluded) transmitters or facilities contribute to the field
strength or power density at an accessible area not in compliance with the limits specified in § 1.1310 must
submit an EA if emissions from the applicant's transmitter or facility results, at the area in question, in a power
density that exceeds 5% of the power density exposure limit applicable to that transmitter or facility or in a
field strength that, when squared, exceeds 5% of the square of the electric or magnetic field strength limit
applicable to that transmitter of facility.
(c) If an interested person alleges that a particular action, otherwise categorically excluded, will have a
significant environmental effect, the person shall submit to the Bureau responsible for processing that action a
written petition setting forth in detail the reasons justifying or circumstances necessitating environmental
consideration in the decision -making process. (See § 1.1313). The Bureau shall review the petition and consider
the environmental concerns that have been raised. If the Bureau determines that the action may have a
significant environmental impact, the Bureau will require the applicant to prepare an EA (see §§1.1308 and
1.1311), which will serve as the basis for the determination to proceed with or terminate environmental
processing.
(d) If the Bureau responsible for processing a particular action, otherwise categorically excluded,
determines that the proposal may have a significant environmental impact, the Bureau, on its own motion,
shall require the applicant to submit an EA. The Bureau will review and consider the EA as in paragraph (c) of
this section.
Note To PARAGRAPH (d): Pending a final determination as to what, if any, permanent measures should be adopted
specifically for the protection of migratory birds, the Bureau shall require an Environmental Assessment for an otherwise
categorically excluded action involving a new or existing antenna structure, for which an antenna structure registration
application (FCC Forth 854) is required under part 17 of this chapter, if the proposed antenna structure will be over 450 feet in
height above ground level (AGL) and involves either:
1. Construction of a new antenna structure;
2. Modification or replacement of an existing antenna structure involving a substantial increase in size as defined in
paragraph I(C)(1)(3) of Appendix B to part 1 ofthis chapter; or
3. Addition of lighting or adoption of a less preferred lighting style as defined in § 17.4(c)(1)(iii) of this chapter. The
Bureau shall consider whether to require an EA for other antenna structures subject to § 17.4(c) of this chapter in accordance with
§17.4(c)(8) of this chapter. An Environmental Assessment required pursuant to this note will be subject to the same procedures
that apply to any Environmental Assessment required for a proposed tower or modification of an existing tower for which an
antenna structure registration application (FCC Form 854) is required, as set forth in §17.4(c) of this chapter.
(e) No State or local government or instrumentality thereof may regulate the placement, construction, and
modification of personal wireless service facilities on the basis of the environmental effects of radio frequency
emissions to the extent that such facilities comply with the regulations contained in this chapter concerning the
environmental effects of such emissions. For purposes of this paragraph:
(1) The term personal wireless service means commercial mobile services, unlicensed wireless services,
and common carrier wireless exchange access services;
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(2) The term personal wireless service facilities means facilities for the provision of personal wireless
services;
(3) The term unlicensed wireless services means the offering of telecommunications services using duly
authorized devices which do not require individual licenses, but does not mean the provision of direct -to -home
satellite services; and
(4) The term direct -to -home satellite services means the distribution or broadcasting of programming or
services by satellite directly to the subscriber's premises without the use of ground receiving or distribution
equipment, except at the subscriber's premises or in the uplink process to the satellite.
[51 FR 15000, Apr. 22, 19861
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 1.1307, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govigfo.gov.
EFFECTIVE DATE NOTE: At 85 FR 18142, Apr. 1, 2020, § 1.1307 was amended by revising paragraph (b). At 85 FR 33578,
June 2, 2020, this revision was delayed indefinitely.
47 C.F.R. Section 1.1320
V.1320 Review of Commission undertakings that may affect historic properties.
(a) Review of Commission undertakings. Any Commission undertaking that has the potential to cause
effects on historic properties, unless excluded from review pursuant to paragraph (b) of this section, shall be
subject to review under section 106 of the National Historic Preservation Act, as amended, 54 U.S.C. 306108,
by applying—
(1) The procedures set forth in regulations of the Advisory Council on Historic Preservation, 36
CFR800.3-800.13, or
(2) If applicable, a program alternative established pursuant to 36 CFR 800.14, including but not limited
to the following:
(i) The Nationwide Programmatic Agreement for the Collocation of Wireless Antennas, as amended,
Appendix B of this part.
(ii) The Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain
Undertakings, Appendix C of this part.
(iii) The Program Comment to Tailor the Federal Communications Commission's Section 106 Review
for Undertakings Involving the Construction of Positive Train Control Wayside Poles and Infrastructure, 79
FR 30861 (May 29, 2014).
(b) Exclusions. The following categories of undertakings are excluded from review under thissection:
(1) Projects reviewed by other agencies. Undertakings for which an agency other than the Commission is
the lead Federal agency pursuant to 36 CFR 800.2(a)(2).
(2) Projects subject to program alternatives. Undertakings excluded from review under a program
alternative established pursuant to 36 CFR 800.14, including those listed in paragraph (a)(2) of this section.
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(3) Replacement utility poles. Construction of a replacement for an existing structure where all the
following criteria are satisfied:
(i) The original structure —
(A) Is a pole that can hold utility, communications, or related transmission lines;
(13) Was not originally erected for the sole or primary purpose of supporting antennas that operate
pursuant to the Commission's spectrum license or authorization; and
(C) Is not itself a historic property.
(ii) The replacement pole —
(A) Is located no more than 10 feet away from the original pole, based on the distance between the
centerpoint of the replacement pole and the cettlerpoint of the original pale; provided that construction of the
replacement pole in place of the original pole entails no new ground disturbance (either laterally or in depth)
outside previously disturbed areas, including disturbance associated with temporary support of utility,
communications, or related transmission lines. For purposes of this paragraph, "ground disturbance" means
any activity that moves, compacts, alters, displaces, or penetrates the ground surface of previously undisturbed
soils;
(B) bias a height that does not exceed the height of the original pole by more than 5 feet or 10 percent of
the height of the original pole, whichever is greater; and
(C) Has an appearance consistent with the quality and appearance of the originalpole.
(4) Collocations on buildings and other non -tower structures. The mounting of antennas (including
associated equipment such as wiring, cabling, cabinets, or backup power) on buildings or other non -tower
structures where the deployment meets the following conditions:
(i) There is an existing antenna on the building or structure;
(ii) One of the following criteria is met:
(A) Non -Visible Antennas. The new antenna is not visible from any adjacent streets or surrounding public
spaces and is added in the same vicinity as a pre-existingantenna;
(B) Visible Replacement Antennas. The new antenna is visible from adjacent streets or surrounding
public spaces, provided that
(1) It is a replacement for a pre-existing antenna,
(2) The new antenna will be located in the same vicinity as the pre-existing antenna,
(3) The new antenna will be visible only from adjacent streets and surrounding public spaces that also
afford views of the pre-existing antenna,
(4) The now antenna is not more than 3 feet larger in height or width (including all protuberances) than
the pre-existing antenna, and
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(5) No new equipment cabinets are visible from the adjacent streets or surrounding public spaces; or
(C) Other Visible Antennas. The new antenna is visible from adjacent streets or surrounding public
spaces, provided that
(1) It is located in the same vicinity as a pre-existing antenna,
(2) The new antenna will be visible only from adjacent streets and surrounding public spaces that also
afford views of the pre-existing antenna,
(3) The pre-existing antenna was not deployed pursuant to the exclusion in this paragraph,
(4) The new antenna is not more than three feet larger in height or width (including all protuberances)
than the pre-existing antenna, and
(5) No new equipment cabinets are visible from the adjacent streets or surrounding public spaces;
(iii) The new antenna complies with all zoning conditions and historic preservation conditions applicable
to existing antennas in the same vicinity that directly mitigate or prevent effects, such as camouflage or
concealment requirements;
(iv) The deployment of the new antenna involves no new ground disturbance; and
(v) The deployment would otherwise require the preparation of an Environmental Assessment under
1.1304(a)(4) solely because of the age of the structure.
NOTE I TO PARAGRAPH (b)(4): A non -visible new antenna is in the "same vicinity" as a pre-existing antenna if it will be
collocated on the same rooftop, fagade or other surface. A visible new antenna is in the "same vicinity" as a pre-existing antenna
if it is on the same rooftop, fagade, or other surface and the centerpoint of the new antenna is within ten feet of the centerpoint of
the pre-existing antenna. A deployment causes no new ground disturbance when the depth and width of previous disturbance
exceeds the proposed construction depth and width by at least two feet.
(c) Responsibilities of applicants. Applicants seeking Commission authorization for construction or
modification of towers, collocation of antennas, or other undertakings shall take the steps mandated by, and
comply with the requirements set forth in, Appendix C of this part, sections III-X, or any other applicable
program alternative.
(d) Definitions. For purposes of this section, the following definitions apply:
Antenna means an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be
operated or operating from a fixed location pursuant to Commission authorization, for the transmission of
writing, signs, signals, data, images, pictures, and sounds of all kinds, including the transmitting device and
any on -site equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with that
antenna and added to a tower, structure, or building as part of the original installation of the antenna. For most
services, an antenna will be mounted on or in, and is distinct from, a supporting structure such as a tower,
structure or building. However, in the case of AM broadcast stations, the entire tower or group of towers
constitutes the antenna for that station. For purposes of this section, the term antenna does not include
unintentional radiators, mobile stations, or devices authorized under part 15 of this title.
Applicant means a Commission licensee, permittee, or registration holder, or an applicant or prospective
applicant for a wireless or broadcast license, authorization or antenna structure registration, and the duly
authorized agents, employees, and contractors of any such person or entity.
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Collocation means the mounting or installation of an antenna on an existing tower, building or structure
for the purpose of transmitting and/or receiving radio frequency signals for communications purposes, whether
or not there is an existing antenna on the structure.
Tower means any structure built for the sole or primary purpose of supporting Commission -licensed or
authorized antennas, including the on -site fencing, equipment, switches, wiring, cabling, power sources,
shelters, or cabinets associated with that tower but not installed as part of an antenna as defined herein.
Undertaking means a project, activity, or program funded in whole or in part under the direct or indirect
jurisdiction of the Commission, including those requiring a Commission permit, license or approval.
Maintenance and servicing of towers, antennas, and associated equipment are not deemed to be undertakings
subject to review under this section.
[82 FR 58758, Dec. 14, 20171
47 C.F.R. Section 1.6002
§1.6002 Definitions.
Terms not specifically defined in this section or elsewhere in this subpart have the meanings defined in
this part and the Communications Act of 1934, 47 U.S.C. 151 et seq. Terms used in this subpart have the
following meanings:
(a) Action or to act on a siting application means a siting authority's grant of a siting application or
issuance of a written decision denying a siting application.
(b) Antenna, consistent with § 1.1320(d), means an apparatus designed for the purpose of emitting
radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Commission
authorization, for the provision of personal wireless service and any commingled information services. For
purposes of this definition, the term antenna does not include an unintentional radiator, mobile station, or
device authorized under part 15 of this chapter.
(c) Antenna equipment, consistent with § 1.1320(d), means equipment, switches, wiring, cabling, power
sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and,
when collocated on a structure, is mounted or installed at the same time as such antenna.
(d) Antenna facility means an antenna and associated antenna equipment.
(e) Applicant means a person or entity that submits a siting application and the agents, employees, and
contractors of such person or entity.
(f) Authorization means any approval that a siting authority must issue under applicable law prior to the
deployment of personal wireless service facilities, including, but not limited to, zoning approval and building
permit.
(g) Collocation, consistent with § 1.1320(d) and the Nationwide Programmatic Agreement (NPA) for the
Collocation of Wireless Antennas, appendix B of this part, section LB, means —
(1) Mounting or installing an antenna facility on a pre-existing structure; and/or
(2) Modifying a structure for the purpose of mounting or installing an antenna facility on thatstructure.
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(3) The definition of "collocation" in § 1.6100(b)(2) applies to the term as used in thatsection.
(h) Deployment means placement, construction, or modification of a personal wireless service facility.
(i) Facility or personal wireless service facility means an antenna facility or a structure that is used for
the provision of personal wireless service, whether such service is provided on a stand-alone basis or
commingled with other wireless communications services.
Q) Siting application or application means a written submission to a siting authority requesting
authorization for the deployment of a personal wireless service facility at a specified location.
(k) Siting authority means a State government, local government, or instrumentality of a State
government or local government, including any official or organizational unit thereof, whose authorization is
necessary prior to the deployment of personal wireless service facilities.
or
(1) Small wireless facilities are facilities that meet each of the following conditions:
(1) The facilities —
(i) Are mounted on structures 50 feet or less in height including their antennas as defined in § 1.1320(d);
(ii) Are mounted on structures no more than 10 percent taller than other adjacent structures; or
(iii) Do not extend existing structures on which they are located to a height of more than 50 feet or by
more than 10 percent, whichever is greater;
(2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in
the definition of antenna in § 1.1320(d)), is no more than three cubic feet involume;
(3) All other wireless equipment associated with the structure, including the wireless equipment
associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28
cubic feet in volume;
(4) The facilities do not require antenna structure registration under part 17 of thischapter;
(5) The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and
(6) The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable
safety standards specified in § 1.1307(b).
(m) Structure means a pole, tower, base station, or other building, whether or not it has an existing
antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or
comingled with other types of services).
[83 FR 51884, Oct 15, 2018, as amended at 84 FR 59567, Nov. 5, 2019]
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