The following provisions relate to applications for a franchise and/or small cell permit for small cell deployments:
(1) Timing for Review.
(a) Application. The Director shall within 10 days of receiving an application determine and notify the applicant whether the application is complete; or if an application is incomplete, the City must specifically identify the missing information, and may toll the approval as provided below. The applicant may resubmit the completed application within 20 days without additional charge, and the subsequent review will be limited to the specifically identified missing information subsequently completed, except to the extent material changes to the proposed facility have been made by the applicant (other than those requested or required by the City). In which case, a new application and application fee must be submitted.
(b) Completion for Review. Within 60 days of the date of determination of the completed application, the Director shall approve, approve with modifications, or deny an application for a collocation, and within 90 days for an application for a new communications facility structure.
(c) Tolling. Other than tolling the time for review resulting from an incomplete application, review may only be tolled by mutual agreement between the applicant and the City.
(d) The Director must advise the applicant in writing of its final decision, and in the final decision document the basis for a denial, including specific code provisions and/or regulations on which the denial was based. The decision to deny the application shall be in writing and supported by substantial evidence contained in a written record, publicly released, and sent to the applicant. The written decision, supported by such substantial evidence, shall constitute final action by the City. The review period or “shot clock” shall run until the written decision, supported by substantial evidence, is released and sent to the applicant contemporaneously. The applicant may cure the deficiencies identified by the Director and resubmit the application within 30 days of the denial without paying an additional application fee unless denial was issued due to noncompliance with design guidelines or other requirements under this chapter (in which case, a new application fee must be paid). The Director shall approve or deny the revised application within 30 days of receipt of the revised application. The subsequent review by the Director shall be limited to the deficiency cited in the original denial and any material changes to the application made to cure any identified deficiencies.
(e) If the Director fails to act on an application within the review period provided in subsection (1)(b) of this section, the applicant shall immediately provide the Director written notice that the time period for acting has lapsed, and the Director has 20 days after receipt of such notice within which to render a written decision. If the Director fails to do so, the application is then deemed approved by passage of time and operation of law. The applicant shall provide notice to the Director at least seven days prior to beginning construction or collocation pursuant to a permit issued to a deemed approved application, and such notice shall not be construed as an additional opportunity for objection by the Director or other entity to the deployment.
(f) Any party with standing aggrieved by the decision of the Director may appeal the decision pursuant to Chapter 2.50 PMC.
(2) Review of Facilities.
(a) Review of the site locations proposed by the applicant shall be governed by the provisions of this chapter, state law, and federal statutes and regulations, as well as applicable case law. Applicants for franchises and the small cell permits (master permits) which implement the franchise shall be treated in a competitively neutral and nondiscriminatory manner with other service providers utilizing supporting infrastructure which is functionally equivalent; that is, service providers whose facilities are similarly situated in terms of structure, placement or cumulative impacts. Franchise and small cell permit review under this chapter shall neither prohibit nor have the effect of prohibiting the ability of an applicant to provide telecommunications services.
(b) Review of Eligible Facilities Requests. Notwithstanding any of the provisions of this chapter, the City shall approve within 60 days of the determination of a completed application and may not deny applications for eligible facilities requests according to the procedures established under 47 CFR § 1.40001(c).
(3) Underground Utility Requirements. Compliance with nondiscriminatory undergrounding requirements that prohibit electric, telecommunications, and cable providers from installation of vertical or pole structures in the public right-of-way without prior discretionary review and approval in areas zoned for single-family residential and downtown commercial shall be required; provided, however, such requirement shall not prohibit the replacement of existing structures. Horizontal runs shall be placed underground in all areas where electric, telecommunications, and cable lines are underground, unless otherwise approved by the Director, or designee, in connection with temporary installations. The above requirements are supplementary to those requirements for undergrounding as provided in Chapter 15.70 PMC.
(4) Sufficient Available Right-of-Way. The City shall have the power to establish reasonable limitations on the placement of new or additional facilities within specific congested segments of the public right-of-way if there is insufficient space to accommodate all of the requests of applicants to safely and efficiently occupy the right-of-way. The City shall strive to the extent possible to accommodate all existing users and potential users of the public right-of-way, but shall be guided primarily by considerations of the public interest, the public’s need for the particular utility or other service, the width and physical condition of the public right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the public right-of-way, and future plans for public improvements (including right-of-way widening), and development projects which have been determined to be in the public’s interest.
(5) Expedited Review. An applicant that has an existing franchise, or a pending franchise application electing to seek expedited review for the location of one or more small wireless facilities on a previously approved communications facility having the capacity to house joint location of multiple wireless providers meeting the development standards provided in PMC 15.100.050 and 15.100.060, and provided the RF certification and the regulatory authorization as required by PMC 15.100.030(1)(f) and (1)(g), shall be granted a small cell permit within 30 days of a completed application and proof of compliance with the requirements above.