“Administrative review” means ministerial review of an application by the City Manager, or his designee, relating to the review and issuance of a permit, including review by the Community Development Director and Public Works Director to determine whether the issuance of a permit is in conformity with the applicable provisions of this title. This review does not involve the exercise of discretion, nor is subject to a public hearing.

“Antenna” means communications equipment that transmits and/or receives electromagnetic radio frequency signals used in the provision of wireless services or other wireless communications. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes for residential or household purposes.

“Applicable codes” means uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization to the extent such codes have been adopted by the City or otherwise are applicable in the jurisdiction.

“Applicant” means any person who submits an application.

“Application” means a written request submitted by an applicant to City for a permit to:

“Authority” or “City” means the City of Pasco, Washington, and all departments, divisions, employees and agencies thereof.

“Authority pole” or “City pole” means a pole owned, regulated, managed, or operated by or on behalf of the City; however, nothing construed can grant authority for the use or location of communication facilities upon a pole owned by the Franklin County Public Utility District.

“Base station” or “wireless facility” is defined as provided below (definition of “wireless facility”).

“Collocate” means to install, mount, maintain, modify, operate and/or replace a communications facility on an existing support structure, pole, or tower or any other structure capable of supporting such communications facility. The term does not include the installation of a new utility pole, tower, or support structure in the public right-of-way.

“Communications facility” means, collectively, the equipment at a fixed location or locations that enables communications between user equipment and a communications network, including:

“Communications facility” does not include the pole, tower, or support structure to which the equipment is attached.

“Communications service provider” means a cable operator, as defined in 47 U.S.C. § 522(5); a provider of information services, as defined in 47 U.S.C. § 153(24); a provider of telecommunications service, as defined in 47 U.S.C. § 153(53); or provider of fixed wireless or other wireless services as defined in 47 U.S.C. § 332(c)(7)(C)(i).

“Day” means, for the purpose of calculation of the timing for review as provided in PMC 15.40.100, 15.100.040, and 15.110.040, for consideration shall commence on the day following the receipt of the application or submission as evidenced by receipt stamp of the City. The review period day of calculation shall be based on business days applicable both to the City and to the applicant, excluding legal holidays.

“Decorative pole” means a City or City-regulated pole that is specifically designed and placed for aesthetic purposes.

“Deployables” means a portable, self-contained wireless facility that can be moved to a specified location or area and provides wireless services on a temporary or emergency basis such as a “cell on wheels” or “COW,” cell on light truck or “COLT,” tethered balloon, tethered drone or other unmanned device.

“Director” means the City Manager, or the City Manager’s designee.

“Discretionary review” means review of an application by the City relating to the review and issuance of a permit that is other than an administrative review. Discretionary review shall be pursuant to Chapter 25.200 PMC, Special Permits.

“Eligible facilities request” means a request for modifications of an existing tower or base station involving: collocation, removal, or replacement of transition equipment as set forth in 47 CFR § 1.40001(b)(3), as may be amended from time to time.

“FCC” means the Federal Communications Commission of the United States.

“Fee” means a one-time, nonrecurring charge, whether a fixed amount or cost-based amount based on time and expense.

“Historic property” means any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register maintained by the United States Secretary of the Interior (in accordance with Section VI.D.1.a.i-v of the Nationwide Programmatic Agreement codified at 47 CFR, Part 1, Appendix C), or listed on the Pasco Register of Historical Places pursuant to PMC Title 20.

“Joint location” means the location of small wireless facilities by multiple wireless providers upon or within a single pole, tower, or structure.

“Law” means any federal, state, or local law, statute, common law, code, rule, regulation, order, or ordinance.

“Non-Authority pole” or “non-City pole” means a pole not owned, regulated, managed, or operated by or on behalf of the City.

“Ordinary maintenance and replacement” means:

“Permit” means a written authorization (in electronic or hard copy format) required by the City to perform an action or initiate, continue, or complete installation of a communications facility, or an associated support structure, pole, or tower.

“Person” means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the City.

“Pole” means a pole, such as a utility, lighting, traffic, or similar pole, not exceeding 50 feet in height above grade, made of wood, concrete, metal or other material located or to be located within the public right-of-way or a private easement. A pole does not include a tower or support structure.

“Pre-approved facility location” means an existing permitted site with capacity for the location of additional small cell facilities within or upon the structure.

“Private easement” means the area on, below, or above privately owned property that has been designated for use as or is used for a utility purpose (such as for electric, cable or other utility purpose), and is typically recorded in the land records of Franklin County pursuant to a recorded plat, easement or right-of-way, and does not include any portion of a public right-of-way.

“Public right-of-way” or “public ROW” means the area on, below, or above property that has been designated for use as or is used for a public roadway, highway, street, sidewalk or alley; however, shall not include the federal interstate highway (or other area not within the legal jurisdiction or maintenance responsibilities of the City), right-of-way or utility easements, or undeveloped rights-of-way identified or scheduled for vacation by ordinance or the current Comprehensive Plan.

“Rate” means a recurring charge.

“Replace” or “replacement” means, in connection with an existing pole, support structure or tower, to replace (or the replacement of) the same with a new structure, similar in design, size and scale to the existing structure and in conformance with current City codes and regulations in order to address limitations of, or change requirements applicable to, the existing structure to structurally support collocation of a communications facility. In connection with replacement of a pole or tower to support collocation of a wireless facility, similarity in size and scale shall be evaluated consistent with 47 CFR § 1.40001, Subpart b(7).

“Small wireless facility” means a wireless facility that meets both of the following qualifications:

“State” means the State of Washington.

“Support structure” means a building, a billboard, a water tank or any other structure to which a communications facility is or may be attached. “Support structure” does not include a pole or a tower.

“Target areas” means those specifically designated areas having historical value, or which there has been expended significant public investment to promote development, requiring the placement of all utilities underground and developed in aesthetic design, or where added new structures in the right-of-way can present significant risks to vehicles, safety, and pedestrian access requiring a consistent aesthetic structure and unique neighborhood characteristics for which specific design standards shall be required for a consistent and compatible contribution to the character of the neighborhood.

The target areas are specifically designated in PMC 15.100.070.

“Tolling” means the suspension of any required performance period, “shot clock” or time limitation required under this title, or by agreement.

“Tower” means any structure built for the sole or primary purpose of supporting a wireless facility, such as a self-supporting monopole, a lattice, or a guyed tower. “Tower” also includes a structure designed to conceal from the general public the wireless facility. A tower does not include a pole or a support structure.

“Wireless facility” means a communications facility installed and/or opened by a wireless provider. The term does not include:

A small wireless facility is one example of a wireless facility.

“Wireless infrastructure provider” means any person, including a person authorized to provide telecommunications service in the state, that builds or installs and/or operates wireless facilities or poles, towers or support structures on which wireless facilities are or are intended to be used for collocation, but that is not a wireless services provider.

“Wireless provider” means a wireless infrastructure provider or a wireless services provider.

“Wireless services” means personal wireless services as that term is defined in 47 U.S.C. § 332(c)(7)(C)(i), fixed wireless and other wireless services.

“Wireless services provider” means a person who provides wireless services. [Ord. 4463 § 1, 2019; Ord. 4413 § 1, 2019.]