20.14.010 Overview.
A. Service providers or any other persons or entities who seek to use the public way for small wireless facilities deployment to provide personal wireless service, data transmission, or other related services, must have a valid franchise under Chapter 20.04 ACC to use the public way and a small wireless facility permit to deploy that technology at each proposed location. Entities with franchises who wish to use a small wireless facility deployment to upgrade or expand their existing services will use the processes set forth in this chapter to obtain approval of specific installations. An entity without a franchise will apply for a franchise as well as a small wireless facility permit for its initial deployment, and the applications will be processed concurrently.
B. Nothing in this chapter revises or diminishes the rights and obligations of an existing franchise.
C. Nothing herein shall exempt small wireless facilities deployment from SEPA compliance.
D. For purposes of this chapter, “small wireless facilities” are defined as facilities that meet the following conditions:
1. The facilities:
a. Are mounted on structures 50 feet or less in height, including their antennas as defined in 47 CFR 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; and
2. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 CFR 1.1320(d)), is no more than three cubic feet in volume; and
3. All other wireless equipment associated with the structure (including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure) is no more than 28 cubic feet in volume; and
4. The facilities do not require antenna structure registration under Code of Federal Regulations, Title 47, Part 17; and
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 radio frequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b); and
7. The facilities are currently located or are proposed to be located within the public way. For facilities currently located or proposed to be located on private property, please see Chapter 18.31 ACC. For facilities currently located or proposed to be located on public property or facilities, please see Chapter 20.08 ACC. (Ord. 6798 § 3 (Exh. C), 2020; Ord. 6707 § 1 (Exh. A), 2018.)