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(1) Review of Small Wireless Facilities Applications. The rights granted under a franchise are implemented through the issuance of small cell permits which, when in conformance with the applicable provisions of this chapter, shall be issued on nondiscriminatory terms and conditions. The franchise application may be accompanied by one or more applications for a small cell permit to deploy small cells. An initial franchise and all related small cell permit applications shall be processed concurrently as one master permit. See RCW 35.99.010(3) for the definition of “Master Permit.”

(a) The Director may approve small cell permit applications submitted in compliance with this chapter. The Director may approve batched applications of up to 20 sites specified in one small cell permit application for processing. The Director may approve up to 10 additional sites in order to consider small cell sites within one logical service area in one application.

(b) Issuance of a small cell permit to install a small cell deployment shall be contingent upon approval of a franchise or the possession of a valid franchise.

(c) If more than one application for a small cell permit is submitted by an applicant, they shall be considered in the order received. If multiple applications are submitted on the same date, the applicant shall indicate which application should be considered first. All small cell permits which are submitted in conjunction with a franchise application shall be considered as one master permit.

(i) Provided, however, that an applicant with an existing franchise may, at the applicant’s sole discretion, elect to utilize the expedited review process set forth in PMC 15.100.040(5).

(ii) Any element of a deployment which qualifies as either an eligible facilities request or a collocation shall be specifically designated by the applicant and may be addressed separately by the Director in order to comply with the shot clocks established by federal law.

(d) The Director may approve, deny, or conditionally approve all or any portion of the sites proposed in the small cell permit application.

(e) Any application for a franchise or small cell permit which contains an element which is not exempt from SEPA review shall comply with the mitigation conditions of any applicable mitigated declaration of nonsignificance (MDNS) or shall simultaneously comply with the requirements of Chapter 43.21C RCW and PMC Title 23.

(f) RF Certification. The applicant shall submit a sworn affidavit signed by an RF engineer with knowledge of the proposed project affirming that the small cell deployment will be compliant with all FCC and other governmental regulations in connection with human exposure to radio frequency emissions for every frequency at which the small cell facility will operate. If facilities necessary to the small cell deployment are to be provided by another franchisee, then the small cell deployment in the initial franchise or in a subsequent small cell permit shall be conditioned on an RF certification showing the cumulative impact of the RF emissions on the entire installation.

(g) Regulatory Authorization. Issuance of the use permit for the facilities shall also be contingent upon the applicant’s provision of proof of FCC and other regulatory approvals required to provide the service(s) or utilize the technologies sought to be installed. [Ord. 4464 § 1, 2019; Ord. 4415 § 1, 2019.]