Chapter 18A
WIRELESS PROVIDERS IN THE RIGHT-OF-WAY; MICROCELL EQUIPMENT ON STRANDS IN THE CITY
Articles:
18A-1 Purposes
18A-2 Applicability
18A-3 Definitions
18A-4 General Provisions
18A-5 Small Wireless Facilities
18A-6 Other Wireless Facilities
18A-7 Microcell Equipment in the Right-of-Way
Article 18A-1
Purposes
The purpose of this chapter is to manage the public right-of-way use by wireless providers to enable the city to:
A. Issue licenses on a competitively neutral and nondiscriminatory basis;
B. Manage the public rights-of-way in compliance with A.R.S. Title 9, Chapter 5, Articles 1.1 and 8;
C. Minimize congestion, inconvenience, visual impact and other adverse effects from the use of the public rights-of-way by wireless providers; and
D. Protect the city’s investment in its public rights-of-way and facilities in its public-rights-of-way, including protecting the safety of the traveling public, promoting aesthetic values of the city in its rights-of-way and protecting city facilities in the rights-of-way. (Ord. 18-222 § 1)
Article 18A-2
Applicability
This chapter applies to the use of the public rights-of-way by wireless providers. It applies to telecommunications corporations as that term is defined in A.R.S. § 9-581 only if and to the extent a telecommunications corporation has or intends to locate wireless facilities in the public rights-of-way and is a wireless provider. (Ord. 18-222 § 1)
Article 18A-3
Definitions
In this chapter, unless the context otherwise requires:
“Antenna” means communications equipment that transmits or receives electromagnetic radio frequency signals and that is used in providing wireless services.
“Applicable codes” means the technical codes adopted pursuant to city code and to the extent not inconsistent with A.R.S. Title 9, Chapter 5, Articles 1.1 and 8.
“Applicant” means any person that submits an application and that is a wireless provider.
“Application” means a request that is submitted by an applicant to the city for either a permit to collocate small wireless facilities or to approve the installation, modification or replacement of a utility pole or wireless support structure.
“A.R.S.” means Arizona Revised Statutes.
“Cable operator” has the same meaning prescribed in A.R.S. § 9-505. Cable operator does not include a special taxing district.
“City utility pole” means a utility pole that is owned or operated by the city and that is in the right-of-way. City utility pole does not include a utility pole for electric distribution.
“Collocate” or “collocation” means to install, mount, maintain, modify, operate or replace wireless facilities on, within or adjacent to a wireless support structure or utility pole.
“Commercial mobile radio service” means two-way voice commercial mobile radio service as defined by the Federal Communications Commission in 47 U.S.C. Section 157.
“Communications service” means (1) cable service as defined in 47 U.S.C. Section 522(6), (2) information service as defined in 47 U.S.C. Section 153(24), (3) telecommunications service as defined in 47 U.S.C. Section 153(53) to the extent it provides wireless service, or (4) wireless service.
“Communications service provider” means a cable operator, a provider of information service as defined in 47 U.S.C. Section 153(24), a telecommunications carrier as defined in 47 U.S.C. Section 153(51) to the extent it provides wireless service, or a wireless services provider.
“Council” means the common council of the city of Litchfield Park, Arizona.
“Design standards” means the design standards adopted by the council for the design of wireless facilities in the right-of-way.
“Law” means any federal, state or local law, statute, common law, code, rule, regulation, order or ordinance.
“Master license” or “license” means a written agreement between the city and a wireless provider that authorizes the use of the right-of-way for the installation of wireless facilities and incorporates the standard terms and conditions and the design standards.
“Microcell equipment” means devices that are connected to the aerial facilities of a person specified in Section 18A-7-1 and that are used solely for transmitting, processing and receiving voice and data wireless telecommunications services. Microcell equipment does not include any ground-based equipment.
“Microcell poles” means a pole or similar structure and attached appurtenances, including strand, that is designed for telecommunications, cable, data or electric functions.
“Monopole” means a wireless support structure that is not more than forty inches in diameter at the ground level and that has all of the wireless facilities mounted on the pole or contained inside of the pole.
“Permit” means written permission required by the city to install, mount, maintain, modify, operate or replace a utility pole or monopole, to collocate a small wireless facility on a utility pole or wireless support structure or to collocate wireless facilities on a monopole.
“Private easement” means an easement or other real property right that is only for the benefit of the grantor and grantee and the grantor’s or grantee’s successors and assigns.
“Right-of-way” means the area on, below or above a public roadway, highway, street, sidewalk, alley or utility easement. Right-of-way does not include a federal interstate highway, a state highway or state route under the jurisdiction of the Arizona Department of Transportation, a private easement, property that is owned by a special taxing district formed pursuant to A.R.S. Title 48, Chapters 11, 12, 17, 18, 19, 20 and 22, or a utility easement that does not authorize the deployment sought by the wireless provider.
“Shot clock” means the period of time within with the city must approve or deny an application. For collocation of a small wireless facility on an existing structure, the shot clock is sixty days from the date of submittal of a complete application. If the application is to locate a small wireless facility using a new structure, the shot clock is seventy-five days from the date of submittal of a complete application. The shot clock for all other applications shall be as required by state or federal law, whichever is the most restrictive.
“Small wireless facility” means a wireless facility that meets both of the following qualifications:
1. All antennas are located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of the antenna’s exposed elements could fit within an imaginary enclosure of not more than six cubic feet in volume.
2. All other wireless equipment associated with the facility is cumulatively not more than twenty-eight cubic feet in volume, or fifty cubic feet in volume if the equipment was ground mounted before August 9, 2017. The following types of associated ancillary equipment are not included in the calculation of equipment volume pursuant to this subsection:
a. An electric meter.
b. Concealment elements.
c. A telecommunications demarcation box.
d. Grounding equipment.
e. A power transfer switch.
f. A cutoff switch.
g. Vertical cable runs for the connection of power and other services.
“Standard terms and conditions” means the standard terms and conditions adopted by the council as conditions for the construction, maintenance and collocation of wireless facilities in the right-of-way.
“Utility pole” means a pole or similar structure in the right-of-way that is used in whole or in part for communications services, electric distribution, lighting or traffic signals. Utility pole does not include a monopole.
Wireless Facility.
1. Means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including both of the following:
a. Equipment associated with wireless communications.
b. Radio transceivers, antennas, coaxial or fiber-optic cables, regular and backup power supplies and comparable equipment, regardless of technological configuration.
2. Includes small wireless facilities.
3. Does not include the structure or improvements on, under or within which the equipment is collocated, wireline backhaul facilities, coaxial or fiber-optic cable that is between wireless support structures or utility poles or coaxial or fiber-optic cable that is otherwise not immediately adjacent to, or directly associated with, an antenna.
4. Does not include Wi-Fi radio equipment described in A.R.S. § 9-506(I) or microcell equipment described in A.R.S. § 9-584(E).
“Wireless infrastructure provider” means any person that is authorized to provide telecommunications service in this state and that builds or installs wireless communications transmission equipment, wireless facilities, utility poles or monopoles but that is not a wireless services provider. Wireless infrastructure provider does not include a special taxing district.
“Wireless provider” means a cable operator, wireless infrastructure provider or wireless services provider.
“Wireless services” means any services that are provided to the public and that use licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities.
“Wireless services provider” means a person that provides wireless services. Wireless services provider does not include a special taxing district.
Wireless Support Structure.
1. Means:
a. A freestanding structure, such as a monopole.
b. A tower, either guyed or self-supporting.
c. A sign or billboard.
d. Any other existing or proposed structure designed to support or capable of supporting small wireless facilities.
2. Does not include a utility pole. (Ord. 19-239 § 1; Ord. 18-222 § 1)
Article 18A-4
General Provisions
Sections:
18A-4-1 Requirements for Wireless Facilities in the Right-of-Way
18A-4-2 No Obstruction or Interference
18A-4-3 Relocation
18A-4-4 Repair of Damages
18A-4-5 Fees and Rates
18A-4-6 Completion of Authorized Work
18A-4-7 Use of City Support Structures
Section 18A-4-1 Requirements for Wireless Facilities in the Right-of-Way
A. Those documents entitled “2018 City of Litchfield Park Wireless Facilities in the Right-of-Way Standard Terms and Conditions” and “2018 City of Litchfield Park Design Standards, Concepts and Requirements—Wireless Facilities in the Right-of-Way,” and the document entitled “Wireless Facilities in the Right-of-Way Standard Terms and Conditions Amendment No. 1” dated December 18, 2019, three copies of which are on file in the office of the city clerk, are adopted herein by this reference.
B. The construction, maintenance, location and collocation of wireless facilities in the rights-of-way shall comply with this chapter, applicable codes, applicable law, the standard terms and conditions and design standards. A wireless provider may request different or additional terms that the wireless provider and city shall negotiate in good faith. Council approval is required for such different or additional terms and nothing in this paragraph shall require the council to approve such different or additional terms. (Ord. 19-239 § 1; Ord. 18-222 § 1)
Section 18A-4-2 No Obstruction or Interference
Wireless facilities shall be constructed, maintained and located so as to not obstruct, endanger or hinder the usual travel or public safety on the right-of-way, damage or interfere with any utility facilities in the right-of-way or interfere with a utility’s use of the utility’s facilities in the right-of-way. Construction and maintenance by the wireless provider shall comply with the National Electrical Safety Code and all applicable laws and regulations for the protection of underground and overhead utility facilities. (Ord. 18-222 § 1)
Section 18A-4-3 Relocation
If the city determines that a wireless facility of a wireless provider will be relocated to accommodate a public project, all such wireless facilities shall be relocated at no cost to the city. (Ord. 18-222 § 1)
Section 18A-4-4 Repair of Damages
A wireless provider shall repair all damage to the city’s property and the right-of-way that is caused by the activities of the wireless provider or the wireless provider’s contractor arising out of work in the right-of-way related to small wireless facilities, wireless support structures or utility poles. A wireless provider shall return the damaged property to the same condition as before the damage pursuant to the standard terms and conditions. If the wireless provider fails to make the repairs required within the time set forth in the notice from the city to do so, the city may make the repairs and charge the wireless provider the reasonable, documented cost of the repairs. (Ord. 18-222 § 1)
Section 18A-4-5 Fees and Rates
Fees and rates for applications, construction, installation, maintenance, modification, operation and replacement of a wireless facilities shall be adopted by resolution of the council. (Ord. 18-222 § 1)
Section 18A-4-6 Completion of Authorized Work
The construction, installation, mounting, maintenance, modification, operation or replacement for which a permit is granted shall be completed in accordance with applicable codes, applicable law and the design standards within one hundred eighty days after the permit issuance date, unless such time is extended by the city. (Ord. 18-222 § 1)
Section 18A-4-7 Use of City Support Structures
Nothing in this chapter prohibits or limits the city from denying, regulating and/or charging for the collocation of a wireless facility on a wireless support structure owned by the city. (Ord. 18-222 § 1)
Article 18A-5
Small Wireless Facilities
Sections:
18A-5-1 Applicability
18A-5-2 Permitted Use
18A-5-3 Application
18A-5-4 Delegation of Authority
18A-5-5 Other Requirements
Section 18A-5-1 Applicability
This article applies to small wireless facilities in the right-of-way and requirements for wireless providers to construct, maintain, locate and collocate small wireless facilities in the right-of-way. (Ord. 18-222 § 1)
Section 18A-5-2 Permitted Use
A. Small wireless facilities are permitted uses in the right-of-way and are not subject to zoning review and approval if the utility pole does not exceed the greater of either:
1. Ten feet in height above the tallest existing utility pole, other than a utility pole supporting only wireless facilities, that is in place on August 9, 2017, that is located within five hundred feet of the new, replacement or modified utility pole and that is in the same right-of-way within the jurisdictional boundary of the city, but not more than fifty feet above ground level.
2. Forty feet above ground level.
B. The existing utility pole referred to in subsection (A) of this section as the basis for utility pole height must be in the same right-of-way and be located within the jurisdictional boundaries of city.
C. Unless authorized or required by applicable codes, applicable law or the design standards, the city shall not require the placement of small wireless facilities on any specific utility pole or category of poles or require multiple antenna systems on a single utility pole.
D. Unless authorized or required by applicable codes, applicable law or the design standards, the city shall not limit the placement of small wireless facilities by minimum separation distances. (Ord. 18-222 § 1)
Section 18A-5-3 Application
A. Applications shall be submitted in compliance with the standard terms and conditions.
B. Consolidated applications for the collocation of up to twenty-five small wireless facilities may be submitted by an applicant only if all small wireless facilities included are substantially the same type and involve substantially the same type of structure. Small wireless facilities collocations may be removed from the application and considered separately if incomplete information was provided, the small wireless facilities do not qualify for consolidated treatment or the small wireless facilities are subject to a denial.
C. Within ten days after receiving an application, the city engineer shall determine and notify the applicant whether the application is complete or the application will be deemed complete. Small wireless facilities collocations may be removed from the application and considered separately if incomplete information was provided, the small wireless facilities do not qualify for consolidated treatment or the small wireless facilities are subject to a denial. If an application is incomplete, the city shall describe the information that is missing. If the city engineer fails to approve or deny the application within the applicable shot clock, the application will be deemed approved. If the application is denied, the denial shall describe the specific code provisions, regulation or requirements on which the denial was based and provide that with the notice of denial. The city shall approve or deny the revised application within the applicable shot clock.
D. Applications shall be approved unless they do not meet the requirements of this chapter, applicable codes, city codes and regulations concerning public safety, the standard terms and conditions or the design standards.
E. No application shall be required for routine maintenance or the replacement of small wireless facilities with small wireless facilities that are substantially similar or the same size or smaller; provided, however, that a permit for work in the right-of-way required by Article 7-16 shall be obtained. (Ord. 19-239 § 1; Ord. 18-222 § 1)
Section 18A-5-4 Delegation of Authority
A. The city engineer is authorized to approve applications for small wireless facilities that comply with the design standards, applicable codes and other provisions of this chapter.
B. All other applications for small wireless facilities require the approval of the council. (Ord. 18-222 § 1)
Section 18A-5-5 Other Requirements
A. No work shall be commenced until a master license and permit have been approved pursuant to the standard terms and conditions.
B. The placement of small wireless facilities shall not interfere with the city’s public safety communications. (Ord. 18-222 § 1)
Article 18A-6
Other Wireless Facilities
Sections:
18A-6-1 Applicability
18A-6-2 Zoning Review and Approval
Section 18A-6-1 Applicability
This article applies to small wireless facilities that exceed height limitations set forth in Section 18A-5-2(A). (Ord. 18-222 § 1)
Section 18A-6-2 Zoning Review and Approval
A. Small wireless facilities that exceed height limitations set forth in Section 18A-5-2(A) and all new poles that are not replacement poles are subject to all city codes and regulations, including its zoning codes and other regulatory processes governing use of the rights-of-way. Monopoles are not permitted in the right-of-way pursuant to Zoning Code Section 31.23.
B. Within ten days after receiving an application, the city engineer shall determine and notify the applicant whether the application is complete. If the application is incomplete, the city engineer will specifically identify the information that is missing. The city engineer shall approve or deny the application within the applicable shot clock. The time period for approval may be tolled to accommodate timely requests for information required to complete the application or may be extended by mutual agreement. If a complete application is denied, the city engineer shall notify the applicant in writing and provide substantial supporting evidence of the reason for denial in the written record. (Ord. 19-239 § 1; Ord. 18-222 § 1)
Article 18A-7
Microcell Equipment in the Right-of-Way
Sections:
18A-7-1 Applicability
18A-7-2 Applications
18A-7-3 Fees
18A-7-4 Limitations
Section 18A-7-1 Applicability
Notwithstanding any provisions of this chapter to the contrary, the provisions of this article shall apply to the installation, operation and maintenance of microcell equipment in the right-of-way by telecommunications corporations and cable operators. A person that has all applicable authorizations required to provide commercial mobile radio service using microcell equipment may use microcell equipment to provide commercial mobile radio service. (Ord. 18-222 § 1)
Section 18A-7-2 Applications
Applications for the installation, operation and maintenance of microcell equipment in the public highways within the city shall comply with the requirements of this article. (Ord. 18-222 § 1)
Section 18A-7-3 Fees
The council shall establish fees for microcell equipment in the right-of-way by resolution. (Ord. 18-222 § 1)
Section 18A-7-4 Limitations
At each site where microcell equipment is installed, such installation is limited to:
A. Not more than two strand-mounted antennas and radio pairs that are owned by a person described in Section 18A-7-1.
B. Related devices owned by the applicant that are mounted on strand between the microcell poles on which the strands are mounted, including power supplies, housings, cables and similar supporting furnishings and improvements. (Ord. 18-222 § 1)