2017-033 - Amending Chapter 29, Streets, Sidewalks, and other Public Property, of the Code of Ordinances, to add Article VI to Chapter 29 Regarding Wireless Facilities in the Public Right-of-Way

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zoning regulations, state law. Private deed restrictions, and other public or private restrictions. that Prohibit installing aboveground structures in a Public right -of -way. User means a Person or organization which conducts a business over facilities occupying the whole or a Part of a Public street or right -of -way, depending on the context. Utilitypole means a pole that Provides: (a) electric distribution with a voltage rating of not more than 34.5 kilovolts: or (b) services of a telecommunications Provider, as defined by Section 51.002 of the Texas Utilities Code. Wireless facilities mean "Micro Network Nodes." "Network Nodes." and "Node Support Poles" as defined in Chapter 284 of the Texas Local Government Code. Wireless service means any service, using licensed or unlicensed wireless spectrum, including the use of Wi -Fi. whether at a fixed location or mobile. Provided to the Public using a network node. Wireless service provider means a Person that Provides wireless service to the public. Sec. 29 -141. Permit Application. A network Provider must submit an application for a Permit, as that term is defined in the right -of -way management ordinance, prior to installing a network node, node support Pole, or transport facility in the Public right -of- way and prior to any excavating or closing sidewalks or vehicular lanes in a public right -of -way in association with any routine maintenance, replacement repair, or upgrading work. The application for such a Permit must include the following_ (1) detailed drawings, with calculations to show strict conformity to the size limitations as set forth in Chapter 284, including. but not limited to Chanter 284, Sec. 284.002, size of a Micro Network Node, Sec. 284.003. Size of Network Nodes. and Sec. 284.103, maximum pole height, and with the requirements of this Article, the right -of -way management ordinance, and the Pole Attachment Specifications: (2) an analysis showing that the proposed wireless facility_(ies) will not cause any interference with City public safety radio system, traffic signal light system, airport communications, air traffic control, aviation systems, or other city safety communications components in accordance with Chapter 284, Sec. 284.304: Page 6 of 25