Culver City Municipal Code Ch. 11.20 Telecommunications Regulatory Requirements

A. The City Council finds and determines as follows:

1. The development of cable television, data transmission, telephony, wireless and other telecommunications systems may provide significant benefits for, and have substantial impacts upon, the residents and businesses of the City.

2. Because of the complex and rapidly changing technology associated with telecommunications services and systems, the public convenience, safety and general welfare is best served by the City's exercise of its regulatory powers.

3. This Chapter is intended to identify regulatory provisions that authorize the City to regulate telecommunication services and systems to the extent authorized by federal and state law, including but not limited to the federal Communications Act of 1934, as amended by the Cable Communications Policy Act of 1984, the federal Cable Television Consumer and Competition Act of 1992 and the Federal Telecommunications Act of 1996, applicable regulations and decisions of the Federal Communications Commission, and applicable California statutes and regulations.

B. The purpose and intent of this Chapter is to provide for the attainment of the following objectives:

1. To enable the City to discharge its public trusts in a manner consistent with rapidly evolving federal and state regulatory policies, industry competition, and technology development.

2. To authorize and to manage reasonable access to the City's public right-of-way and public property for telecommunications purposes on a competitively neutral and nondiscriminatory basis.

3. To obtain fair and reasonable compensation for the City and its residents for authorizing the private use of the public rights-of-way and public property, which are recognized to be valuable public assets, held in trust by the City.

4. To foster and to promote competition in telecommunications services, minimize unnecessary local regulation of telecommunications service providers, and encourage the delivery of advanced and competitive telecommunications services on the broadest possible basis to local government and to the businesses, institutions and residents of the City.

5. To establish clear local guidelines, standards and time frames for the exercise of local authority with respect to the regulation of telecommunication service providers, including establishment and enforcement of consumer service standards and technical standards.

6. To encourage the profitable deployment of advanced telecommunications infrastructures that satisfy local needs, deliver enhanced government services, and provide informed consumer choices in an evolving telecommunication market.

(Ord. No. 2000-019, §1 (part))

A. The cable, video, and telecommunications services that are addressed in this Chapter include services provided by cable television systems, open video systems, master antenna television systems, satellite systems, multichannel multipoint distribution systems, local multipoint distribution systems, data transmission services, cable modem services, voice transmission services, telephone services, wireless data transmissions, wireless video transmissions, and any other providers of video, voice, or data services, no matter what means of technology is deployed, and any other new technology subject to municipal regulation.

B. Any provider holding a valid franchise or encroachment permit from the City for a specific telecommunications service at the time of adoption of this Chapter shall not be subject to the requirements of the Chapter except as provided for in § 11.20.025(A) herein.

(Ord. No. 2000-019, § 1 (part))

A. This Chapter adopts provisions by which the City shall regulate cable, video, telephony, data, and wireless telecommunications services to the extent authorized by federal law, including but not limited to the federal Cable Communications Policy Act of 1984, the federal Cable Television Consumer and Competition Act of 1992, the federal Telecommunications Act of 1996 and applicable regulations of the Federal Communications Commission as they exist at the time of adoption of this Chapter. Any change to a federal law or FCC regulation, to the extent it may restrict or expand the City's authority and requirements contained in this Chapter, shall be deemed applicable to this Chapter at the time of its enactment.

B. This Chapter adopts provisions by which the City shall regulate telephony and other telecommunications services to the extent authorized by the laws of the State of California and regulations of the California Public Utilities Commission. Any change to a state law or Public Utilities Commission regulation, to the extent it may restrict or expand the City's authority and requirements contained in this Chapter, shall be deemed applicable to this Chapter at the time of its enactment.

(Ord. No. 2000-019, §1 (part))

A. For the purpose of this Chapter, the words, terms, phrases, and their derivatives set forth in this Section shall have the meanings set forth below. Words used in the present tense include the future tense, and words in the singular include the plural number.

ACCESS. The entrance into, upon, under, over or through the rights-of-way, or the modification of facilities in the rights-of-way.

AFFILIATE. When used in relation to any person, another person who owns or controls, is owned or controlled by, or is under common ownership or control with such person. For purposes of this definition, the term OWN means to own an equity interest, or its equivalent, of ten percent (10%) or more.

APPLICANT. Any person requesting permission to provide telecommunications services within or through the City.

APPLICATION. The form established by the City upon which an applicant shall request consideration of a franchise, encroachment permit, or other authorization from the City.

CABLE SERVICES. The one-way transmission to subscribers of video programming, or other programming services, and subscriber interaction, if any, that is required for the selection or use of that video programming or other programming service. For the purposes of this definition, VIDEO PROGRAMMING means programming provided by, or generally considered comparable to the programming provided by, a television broadcast station; OTHER PROGRAMMING SERVICE means programming that a cable system operator makes available to all subscribers generally.

CABLE SYSTEM or CABLE COMMUNICATIONS SYSTEM or CABLE TELEVISION SYSTEM. A facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community. The term CABLE SYSTEM does not include:

1. A facility that serves only to retransmit the television signals of one or more television broadcast stations;

2. A facility that serves subscribers without using, or connecting to a facility that uses, any public right-of-way within the City;

3. A facility of a common carrier that is subject, in whole or in part, to the provisions of Title ll of the Telecommunications Act of 1996, except that such facility will be considered a cable system (other than for purposes specified in Section 621(c) of the 1984 Cable Act) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services;

4. An open video system that is certified by the Federal Communications Commission; or

5. Any facility of an electric utility that is used solely for operating its electric utility system.

CABLE SYSTEMS OPERATOR. Any person or group of persons:

1. Who directly or through one or more affiliates provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in that cable system; or

2. Who otherwise controls or is responsible for, through any arrangement, the management and operation of that cable system.

CALIFORNIA PUBLIC UTILITIES COMMISSION or CPUC. The Public Utilities Commission of the State of California or any other authority succeeding to the regulatory powers of the California Public Utilities Commission.

CFR . The Code of Federal Regulations. Thus, the citation of "47 CFR 80.1" refers to Title 47, part 80, section 1 of the Code of Federal Regulations.

CHANGE OF CONTROL. Any change in the makeup of ownership in a company, corporation, limited partnership or other structure wherein more than twenty-five percent (25%) of the ownership of stock or interest in the entity has changed.

CITY MANAGER. The CITY MANAGER for the City of Culver City appointed by the City Council, or his/her designee.

CITY. The City of Culver City as represented by its City Council or any delegate acting within the scope of its delegated authority.

CONSTRUCT, OPERATE or REPAIR. The named actions interpreted broadly, encompassing, among other things, installation, extension, maintenance, replacement of components, relocation, undergrounding, grading, site preparation, adjusting, testing, make-ready, excavation and the management of a system and its operations.

COMMUNICATIONS ACT. The Communications Act of 1934 (48 Stat. 1064, enacted June 19, 1934), as amended by the Cable Communications Policy Act of 1984 (Public Law No. 98-549, enacted October 30, 1984), the Cable Television Consumer Protection and Competition Act of 1992 (Public Law No. 102-385, enacted October 5, 1992), and the Telecommunications Act of 1996 (Public Law No. 104-104, enacted February 8, 1996), as amended from time to time.

DATA TELECOMMUNICATIONS. The transmission of information, regardless of device, between two or more points.

ENCROACHMENT PERMIT. A legal authorization from the City to install, operate, and/or maintain a facility within the public rights-of-way.

ENTRY. Any physical placement of equipment, materials, or facilities in, on, above, through, or under any part of the rights-of-way.

FACILITIES or TELECOMMUNICATIONS FACILITIES. Any pipe, pipeline, tube, main service trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, electrolier, signpost, pole, post line, cross-arm or bracket, anchor, junction box, transformer, equipment, structure, materials, or tangible components or object of any kind or character not particularly mentioned herein which is or may be lawfully constructed, left, placed or maintained in the rights-of-way and to include physical elements used to provide services, including but not limited to, all plant, whether inside or outside, works, fiber strands, electronic equipment, amplification equipment, optic equipment, transmission and distribution structures and antennas, lines, termination equipment, mains, interducts, regenerators, repeaters, underground lines, handholes, pull boxes, splice closures, and cables.

FEDERAL COMMUNICATIONS COMMISSION or FCC. The federal administrative agency, created by the United States Communications Act of 1934, as amended, codified at 47 USC Sec. 151 et seq., or any lawful successor, that is authorized to regulate telecommunications services and telecommunication service providers on a national level.

FRANCHISE. An initial authorization, or the renewal of an authorization, issued by the City Council, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, that authorizes the construction or operation of a cable, telecommunications, telephony or data transmission system.

FRANCHISE FEE. Any fee or assessment of any kind that is authorized by state or federal law to be imposed by the City on a Grantee of a franchise. The term FRANCHISE FEE does not include:

1. Any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on utilities, cable, telecommunications and data transmission operators or their services);

2. Capital costs that are required by the franchise to be incurred by Grantee for public, educational or governmental access facilities;

3. Costs or charges that are incidental to the award or enforcement of the franchise, including payment for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages;

4. Costs for reimbursement to City for direct and indirect costs associated with the award, modification or enforcement of the franchise.

GRANTEE. Any person who is awarded a franchise in accordance with this Chapter, and that person's lawful successor, transferee, or assignee.

MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTOR or VIDEO PROGRAMMING DISTRIBUTOR. A person such as, but not limited to, a cable system operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive-only satellite program distributor, who makes available multiple channels of video programming for purchase by subscribers or customers.

OPEN ACCESS. The ability of any data transmission operator or Internet Service Provider (ISP) to access customers by utilization of a portion of a data transmission device through lease or purchase of the transmission capacity.

OPEN VIDEO SYSTEM. A facility consisting of a set of transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service, including video programming, and that is provided to multiple subscribers within the City, provided that the FCC has certified that such system complies with 47 CFR §1500 et seq., entitled "Open Video Systems."

OPEN VIDEO SYSTEM OPERATOR. Any person or group of persons who provides cable service over an open video system and directly or through one or more affiliates owns a significant interest in that open video system, or otherwise controls or is responsible for the management and operation of that open video system. For purposes of this chapter, SIGNIFICANT INTEREST means holding more than ten percent (10%) in the shares or equity of the system.

PASS THROUGH TELECOMMUNICATIONS SYSTEM. Any system of wires, fiber or other device that utilizes the public rights-of-way but which has no connections to any residence, business or other telecommunications provider within the corporate city boundaries.

PERSON. Any individual, firm, partnership, sole proprietorship, corporation, company, trust, joint stock company, banking institution, association, governmental entity, or organization of any kind.

TELEPHONY SERVICE PROVIDER. Any provider of telephony services licensed by the CPUC.

TRANSFER OF OWNERSHIP. The transfer of full interest, control and possession from one person to another person.

U.S.C. The United States Code.

VIDEO PROGRAMMING PROVIDER. Any person or group of persons who has the right under federal copyright laws to select and to contract for the carriage of specific video programming on an open video system.

VIDEO PROVIDER. Any person, company or service that provides one or more channels of video programming to a business or residence, including a home, condominium, apartment, or mobile home, where some fee is paid for that service, whether directly or as included in dues or rental charges, and whether or not public rights-of-way are used in the delivery of that video programming. A VIDEO PROVIDER includes, without limitation, providers of cable television service, master antenna television, satellite master antenna television, direct broadcast satellite, multipoint distribution services, and other providers of video programming, whatever their technology.

B. Unless otherwise expressly stated, words, terms, and phrases not defined in this § 11.20.020 will be given their meaning as used in Title 47 of the United States Code, as now existing or hereafter amended, and, if not defined in that Code, their meaning as used in Title 47 of the Code of Federal Regulations.

(Ord. No. 2000-019 §1 (part); Ord. No. 2006-009 §22 (part))

A. A telecommunications application to the Cityis required:

1. To install or place any telecommunications facility within the public rights-of-way.

2. To provide a cable, telecommunications, telephony, wireless or data transmission service to customers within the corporate boundaries of the City.

3. For any current telecommunications provider who is subject to a franchise or encroachment permit renewal, change of control, or transfer of ownership.

B. Applications shall be submitted on a form approved by the City Manager or his or her designee(s) and provided by the City. The City shall provide an estimate of the cost for review of the application in accordance with the fees for telecommunications services as adopted by resolution from time to time by the City Council. The application fee shall be paid prior to initiation of any application review by the City.

C. Applications shall be reviewed by designees of the City Manager for determination as to whether a franchise or an encroachment permit shall be required.If it is determined that a franchise is needed, then the designees shall make findings and recommendations to be used by the City Council as part of the City Council review required by § 11.20.025.D.

D. All franchises required pursuant to this Chapter shall be approved, approved with conditions, or denied by action of the City Council.

E. All encroachment permits required pursuant to this Chapter shall be approved, approved with conditions, or denied by the Public Works Director/City Engineer, subject to any appeal thereof.

(Ord. No. 2000-019 § 1 (part); Ord. No. 2006-009 § 22 (part); Ord. No. 2019-001 § 1)

A. All persons providing telecommunications services within the City or utilizing the public rights-of-way for the purpose of installing and operating telecommunications facilities through the City's jurisdiction shall be required to first obtain either a franchise or an encroachment permit as provided for in this chapter. No construction related permits shall be issued for access to the rights-of-way unless the City has first approved either a franchise or encroachment permit.

B. At the City's discretion more than one telecommunications service may be included in a franchise agreement or an encroachment permit. Each franchise agreement shall be deemed to incorporate any encroachment permit that may be required for the telecommunications provider.

(Ord. No. 2000-019 §1 (part))

A. The City Council finds that the development of cable television and related video programming services may provide significant benefits for, and have substantial impacts upon, the residents and the business community of the City. Because of the complex and rapidly changing technology associated with cable service, the City Council further finds that the public convenience, safety and general welfare can be best served by the City's exercise of its regulatory powers. It is the intent of the City Council that any person operating a cable communications system shall be regulated by the Rights-of-Way Management Plan and Standards provided for in § 9.08.307 of this Code.

B. Each person proposing to provide multi-channel video programming services to any individual, residence or business within the City over a cable communications system shall be required to first obtain a franchise from the City as provided for in Chapter 11.30 of this Code. An application shall be required pursuant to § 11.20.025.

C. Each Grantee with a cable communications franchise issued by the City at the effective date of this Chapter shall be required to submit an application for a new franchise if:

• 1. The current franchise is subject to renewal, or
• 2. There is a change in control, or
• 3. There is a transfer of ownership, or

4. The City finds that the terms of the existing franchise have been violated and the existing franchise has been revoked as provided for in the franchise.

D. Any person granted a franchise or encroachment permit by the City for the provision of telecommunications services other than cable service shall be required to obtain a separate franchise for the provision of cable services pursuant to Chapter 11.30 of this Code before such service may be provided.

(Ord. No. 2000-019 §1 (part))

A. The City Council finds that the development of cable television and related video programming services may provide significant benefits for, and have substantial impacts upon, the residents and the business community of the City. Because of the complex and rapidly changing technology associated with cable service, the City Council further finds that the public convenience, safety and general welfare can be best served by the City's exercise of its regulatory powers. It is the intent of the City Council that any person operating an open video system shall be regulated by the Rights-of-Way Management Plan and Standards provided for in § 9.08.307 of this Code.

B. Each person proposing to provide an open video system to any individual, residence or business within the City that shall utilize the public rights-of-way shall be required to first obtain a franchise from the City as provided for in Chapter 11.22 of this Code. An application shall be required pursuant to § 11.20.025.

C. Each Grantee with an open video system franchise issued by the City at the effective date of this Chapter shall be required to submit an application for a new franchise if:

• 1. The current franchise is subject to renewal, or
• 2. There is a change in control, or
• 3. There is a transfer of ownership, or

4. The City finds that the terms of the existing franchise have been violated and the existing franchise has been revoked as provided for in the franchise.

D. Any person granted a franchise or encroachment permit by the City for the provision of telecommunications services other than an open video system shall be required to obtain a separate franchise for the provision of an open video system service pursuant to Chapter 11.22 of this Code before such service may be provided.

(Ord. No. 2000-019, § 1 (part))

A. The City Council finds that the development of telephony and related voice telecommunications services may provide significant benefits for, and have substantial impacts upon, the residents and the business community of the City. Because of the complex and rapidly changing technology associated with telephony service, the City Council further finds that the public convenience, safety and general welfare can be best served by the City's exercise of its police powers, including the authority to manage and control the public rights-of-way. It is the intent of the City Council that the Rights-of-Way Management Plan and Standards provided for in § 9.08.307 of this Code shall apply to any person operating a telephony telecommunications system under the authority of the California Public Utilities Commission.

B. Each person proposing to provide a telephony system to any individual, residence or business within the City, under license from the California Public Utilities Commission, that utilizes the public rights-of-way shall be required to first obtain an encroachment permit from the City as provided for in Chapter 11.23 of this Code. An application shall be required pursuant to §11.20.025.

C. Any person granted a franchise or encroachment permit by the City for any telecommunications service other than telephony licensed by the Public Utilities Code shall be required to first obtain an encroachment permit for the telephony service pursuant to Chapter 11.23 of this Code before that service may be provided.

(Ord. No. 2000-019, § 1 (part))

A. The City Council finds that the development of data telecommunications services may provide significant benefits for, and have substantial impacts upon, the residents and the business community of the City. Because of the complex and rapidly changing technology associated with data telecommunications, the City Council further finds that the public convenience, safety and general welfare can be best served by the City's exercise of its authority to manage and control its public rights-of-way. It is the intent of the City Council that the Rights-of-Way Management Plan and Standards provided for in § 9.08.307 of this Code shall apply to any person operating a data telecommunications system in the City.

B. Each person proposing to provide data telecommunications service over a data telecommunications system to any individual, residence or business within the City that utilizes the public rights-of-way shall be required to first obtain a franchise or encroachment permit from the City as provided for in Chapter 11.24 of this Code. An application shall be required pursuant to § 11.20.025.

C. Each Grantee with a data telecommunications franchise or encroachment permit issued by the City at the effective date of this Chapter shall be required to submit an application for a new franchise or encroachment permit if:

• 1. The current franchise or encroachment permit is subject to renewal, or
• 2. There is a change in control, or
• 3. There is a transfer of ownership, or

4. The City finds that the terms of the existing franchise or encroachment permit have been violated and the existing franchise or encroachment permit has been terminated as provided for in the franchise or encroachment permit.

D. Any person granted a franchise or encroachment permit by the City for any telecommunications service other than data telecommunications shall be required to first obtain a separate franchise or encroachment permit for the data telecommunications service pursuant to Chapter 11.24 of this Code before that service may be provided.

E. The provisions of this section shall not apply to those data telecommunications providers who, by nature of specific approval and inclusion in a license approved by the California Public Utilities Commission, have been authorized to provide data telecommunications. In said situations the provider shall be required to obtain an encroachment permit only if currently not in possession of one.

(Ord. No. 2000-019, § 1 (part))

A. The City Council finds that the development of wireless data and video services may provide significant benefits for, and have substantial impacts upon, the residents and the business community of the City. Because of the complex and rapidly changing technology associated with wireless data and video services, the City Council further finds that the public convenience, safety and general welfare can be best served by the City's exercise of its regulatory powers. It is the intent of the City Council that the Rights-of-Way Management Plan and Standards provided for in § 9.08.307 of this Code shall apply to any person operating a wireless data or video system that utilizes the public rights-of-way.

B. Each person proposing to provide a wireless data or video service to any individual, residence or business within the City that utilizes the public rights-of-way shall be required to first obtain a franchise from the City as provided for in Chapter 11.25 of this Code. An application shall be required pursuant to § 11.20.025.

C. Each Grantee with a wireless data or video telecommunications franchise issued by the City at the effective date of this Chapter shall be required to submit an application for a new franchise if:

• 1. The current franchise is subject to renewal, or
• 2. There is a change in control, or
• 3. There is a transfer of ownership, or

4. The City finds that the terms of the existing franchise have been violated and the existing franchise has been terminated as provided for in the franchise.

D. Any person granted a franchise or encroachment permit by the City for any telecommunications service other than wireless data or video system shall be required to first obtain a separate franchise for the wireless data or video service pursuant to Chapter 11.25 of this Code before that service may be provided.

E. The provisions of this section shall not apply to those wireless data transmission or video service providers who, by nature of specific approval and inclusion in a license approved by the California Public Utilities Commission, have been authorized to provide wireless data or video telecommunications. In said situations the provider shall be required to obtain a franchise only if currently not in possession of one.

(Ord. No. 2000-019 § 1 (part))

A. The City Council finds that the development of telecommunications services that serve only as transmissions of video, data or telephony over long distances and do not serve any residence or business within the City impacts the public rights-of-way. Because of the complex and rapidly expanding technology and service associated with long-haul telecommunications services, the City Council further finds that the public convenience, safety and general welfare can be best served by the City's exercise of its regulatory powers. It is the intent of the City Council that the Rights-of-Way Management Plan and Standards provided for in § 9.08.307 of this Code shall apply to any person who constructs, operates or maintains a pass-through telecommunications system in the public rights-of-way with the City.

B. Each person proposing to install a pass through telecommunications system in the City rights-of-way shall be required to first obtain an encroachment permit as provided for in Chapter 11.26 of this Code. An application shall be required pursuant to § 11.20.025.

C. At any time that a pass through provider proposes to lease, sell, transfer or otherwise permit any element of its facilities within the City to be utilized to provide any telecommunications service to customers within the City, the provider shall notify the City in writing of such not more than thirty (30) days after the effective date of that lease, sale, transfer or other action with another service provider. The City shall determine if the proposed service provider shall require a franchise or encroachment permit to provide the proposed telecommunications service. Failure to provide said written notice may be grounds for revocation of the encroachment permit provided for in Chapter 11.26.

(Ord. No. 2000-019 § 1 (part))

Cross-reference:

Pass Through Telecommunications Systems, see Ch. 11.26

A. Purpose.

1. The purpose of this Section is to establish a process for managing, and uniform standards for acting upon, requests for the placement of wireless facilities within the public rights-of-way of the City consistent with the City's obligation to promote the public health, safety, and welfare, to manage the public rights-of-way, and to ensure that the public's use of the public rights-of-way is not incommoded by the placement of wireless facilities. The City recognizes the importance of wireless facilities to provide high-quality communications service to the residents and businesses within the City, and the City also recognizes its obligation to comply with applicable Federal and State law regarding the placement of personal wireless services facilities in its public rights-of-way. This Section shall be interpreted consistent with those provisions.

B. Definitions. The terms used in this Section shall have the following meanings:

APPLICANT. A person filing an application for placement or modification of a wireless facility in the rights-of-way.

APPLICATION. A formal request that includes all required and requested documentation and information, submitted by an applicant to the City for a wireless encroachment permit.

BASE STATION. Shall have the meaning as set forth in 47 C.F.R. § 1.40001(b)(1), or any successor provision.

ELIGIBLE FACILITIES REQUEST. Shall have the meaning as set forth in 47 C.F.R. § 1.40001(b)(3), or any successor provision.

FCC. The Federal Communications Commission or its lawful successor.

MUNICIPAL INFRASTRUCTURE. City-owned or controlled property structures, objects, and equipment in the public rights-of-way, including, but not limited to, street lights, traffic control structures, banners, street furniture, bus stops, or other poles, lighting fixtures, or electroliers located within the public rights-of-way.

PERMITTEE. Any person or entity granted a wireless encroachment permit pursuant to this Section.

PERSONAL WIRELESS SERVICES. Shall have the same meaning as set forth in 47 U.S.C. § 332(c)(7)(C)(i) (as may be amended), which currently provides: commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.

PERSONAL WIRELESS SERVICES FACILITY. A wireless facility used for the provision of personal wireless services.

SMALL CELL FACILITY. Shall have the same meaning as SMALL WIRELESS FACILITY in 47 C.F.R. § 1.6002(1) (or any successor provision), which is a personal wireless services facility that meets the following conditions that, solely for convenience, have been set forth below:

a. The facility:

i. Is mounted on a structure fifty (50) feet or less in height, including antennas, as defined in 47 C.F.R. § 1.1320(d);

ii. Are mounted on structures no more than 10% taller than other adjacent structures; or

iii. Do not extend existing structures on which they are located to a height of more than fifty (50) feet or by more than 10%, whichever is greater;

b. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. § 1.1320(d)), is no more than three (3) cubic feet in volume;

c. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume;

d. The facility does not require antenna structure registration under 47 C.F.R. Part 17;

e. The facility is not located on Tribal lands, as defined under 36 C.F.R. § 800.16(x); and

f. The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b).

SUPPORT STRUCTURE. Any structure capable of supporting a base station.

TOWER. Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles.

UNDERGROUND AREAS. Those areas where there are no electrical facilities or facilities of the incumbent local exchange carrier in the public rights-of-way; or where the wires associated with the same are or are required to be located underground; or where the same are scheduled to be converted from overhead to underground. Electrical facilities are distribution facilities owned by an electric utility and do not include transmission facilities used or intended to be used to transmit electricity at nominal voltages in excess of 35,000 volts.

UTILITY POLE. A structure in the public rights-of-way designed to support electric, telephone, cable television and similar utility lines. A tower is not a utility pole.

WIRELESS ENCROACHMENT PERMIT. A permit issued pursuant to this Section authorizing the placement or modification of a wireless facility of a design specified in the permit at a particular location within the public rights-of-way; and the modification of any existing support structure to which the wireless facility is proposed to be attached.

WIRELESS FACILITY or FACILITY. The radios, transmitters, antenna structures, electric meters, batteries, conduit, fiber optic and coax cables, and other types of installations used for the provision of wireless transmissions at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s).

WIRELESS INFRASTRUCTURE PROVIDER. A person that owns, controls, operates or manages a wireless facility or portion thereof within the public rights-of-way.

WIRELESS REGULATIONS. Those regulations adopted pursuant to § 11.20.065 of this Code and implementing the provisions of this Chapter.

WIRELESS SERVICE PROVIDER. An entity that provides personal wireless services to end users.

C. Scope.

1. In general. A "wireless encroachment permit" shall be subject to all of the same requirements as an encroachment permit would under Chapter 11.20, in addition to all of the requirements of this Section. Unless exempted, every person who desires to place a wireless facility in the public rights-of-way or modify an existing wireless facility in the public rights-of-way must obtain a wireless encroachment permit authorizing the placement or modification in accordance with this Section. Except for small cell facilities, facilities qualifying as eligible facilities requests, or any other type of facility expressly allowed in the public rights-of-way by state or federal law, no other wireless facilities shall be permitted pursuant to this Section.

2. Exemptions. This Section does not apply to:

a. The placement or modification of facilities by the City or by any other agency of the state solely for public safety purposes.

b. Installation of a "cell on wheels," "cell on truck" or a similar structure for a temporary period in connection with an emergency or event, but no longer than required for the emergency or event, provided that installation does not involve excavation, movement, or removal of existing facilities.

3. Other applicable requirements. In addition to the wireless encroachment permit required herein, the placement of a wireless facility in the public rights-of-way requires the persons who will own or control those facilities to obtain all permits required by applicable law, and to comply with applicable law, including, but not limited to, applicable law governing radio frequency (RF) emissions.

4. Pre-existing facilities in the public rights-of-way. Any wireless facility already lawfully existing in the public rights-of-way as of the date of this Section's adoption shall remain, as long as the wireless facility continues to comply with all conditions and requirements imposed upon its original permitting. Upon expiration of any permit which pre-exists the adoption of this Section, any renewal of such facility's permit shall have to comply with this Section.

5. Public use. Except as otherwise provided by state law, any use of the public rights-of-way authorized pursuant to this Section will be subordinate to the City's use and use by the public.

D. Administration.

1. Public Works Director/City Engineer. Except as expressly provided in this Section, the Public Works Director/City Engineer or their designee is responsible for administering this Section. As part of the administration of this Section, the Public Works Director/City Engineer may:

a. Interpret the provisions of this Section;

b. Develop and implement standards governing the placement and modification of wireless facilities consistent with the requirements of this Section, including regulations governing collocation and resolution of conflicting applications for placement of wireless facilities;

c. Develop and implement acceptable designs and development standards for wireless facilities in the public rights-of-way, taking into account the zoning districts bounding the public rights-of-way;

d. Develop forms and procedures for submission of applications for placement or modification of wireless facilities, and proposed changes to any support structure consistent with this Section;

e. Collect, as a condition of the completeness of any application, any fee established by this Section or by resolution of the City Council;

f. Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with State and Federal laws and regulations;

g. Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued;

h. Require, as part of, and as a condition of completeness of any application, notice to members of the public that may be affected by the placement or modification of the wireless facility and proposed changes to any support structure;

i. Determine whether to approve, approve subject to conditions, or deny an application, subject to appeal as provided herein;

j. Take such other steps as may be required to timely act upon applications for placement of wireless facilities, including issuing written decisions and entering into agreements to mutually extend the time for action on an application; and

k. Refer applications proposing the installation of a new pole to the City Council for review and decision, after the application is determined to be complete by the Public Works Director/City Engineer.

2. City Manager. The City Manager or his/her designee(s) shall be responsible for negotiating and entering into agreements for the attachment of wireless facilities to municipal infrastructure required by this Section.

3. Appeals.

a. Any person adversely affected by the decision of the Public Works Director/City Engineer pursuant to this Section may appeal the decision to the City Council, which may decide the issues de novo, and whose written decision will be the final decision of the City. Any appeal shall be conducted so that a timely written decision may be issued in compliance with any legally-required deadline.

b. All appeals must be filed within two (2) business days of the written decision of the Public Works Director/City Engineer, unless the Public Works Director/City Engineer extends the time therefore. An extension may not be granted where extension would result in approval of the application by operation of law.

c. An appeal by a wireless infrastructure provider must be taken jointly with the wireless service provider that intends to use the personal wireless services facility.

d. If the Public Works Director/City Engineer determines that an application must be approved because a denial would result in a prohibition or effective prohibition under applicable federal law, the Public Works Director/City Engineer shall not render a decision on the application, but instead shall refer the application directly to the City Council for review and decision, whose review shall be conducted in accordance with division a. of this section.

E. General standards for wireless facilities in the public rights-of-way.

1. Generally. Wireless facilities in the public rights-of-way shall meet the minimum requirements set forth in this section and the wireless regulations, in addition to the requirements of any other applicable law.

2. Regulations. The wireless regulations and decisions regarding applications for placement of wireless facilities in the public rights-of-way shall, at a minimum, ensure that the requirements of this Section are satisfied, unless it is determined that applicant has established that denial of an application would, within the meaning of Federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the requirements of this Section may be waived, but only to the minimum extent required to avoid the prohibition or violation.

3. Minimum standards. Wireless facilities shall be installed and modified in a manner that: minimizes risks to public safety; avoids placement of aboveground facilities in underground areas; minimizes installation of new support structures or equipment cabinets in the public rights-of-way; maintains the integrity and character of the neighborhoods and corridors in which the facilities are located; ensures that installations are subject to periodic review to minimize the intrusion on the public rights-of-way; ensures that the City bears no risk or liability as a result of the installations; does not inconvenience the public; does not interfere with the primary uses of the rights-of-way; and, does not hinder the ability of the City or other government agencies to improve, modify, relocate, abandon, or vacate the public rights-of-way or any portion thereof.

4. Additional standards. All wireless facilities proposed to be placed in the public rights-of-way shall comply with the design and locational standards established by City Council Resolution.

F. Applications.

1. Submission. Unless the wireless regulations provide otherwise, an applicant shall submit an application, amendments, or supplements to an application, or responses to requests for information regarding an application on the forms and in compliance with the standards adopted by the Public Works Director/City Engineer. All applicant submissions shall be made to the Public Works Director/City Engineer, at City Hall, 9770 Culver Boulevard, Culver City, California 90232.

2. Pre-application meeting. Prior to filing an application for a wireless encroachment permit, an applicant is encouraged to schedule a pre-application meeting with the Public Works Director/City Engineer to discuss the proposed facility, the requirements of this Section, and any potential impacts of the proposed facility.

3. Content.

a. An applicant shall submit an application on the form approved by the Public Works Director/City Engineer, which may be updated from time-to-time, but in any event shall require the submission of all required fee(s), documents, information, and any other materials necessary to allow the Public Works Director/City Engineer to make required findings and ensure that the proposed facility will comply with applicable Federal and State law, this Code, and will not endanger the public health, safety, or welfare. If no form has been approved, applications must contain all information necessary to show that the applicant is entitled to the wireless encroachment permit requested, and must specify whether the applicant believes State or Federal law requires action on the application within a specified time period.

b. An applicant shall provide written notice of its application to all residents and businesses within 500 feet of any proposed facility. The applicant shall provide a list of those residents and businesses so notified in its application and attest that the notice required by this section has been provided.

4. Fees. Application fee(s) shall be required to be submitted with any application for a wireless encroachment permit. The City Council is hereby authorized to determine, or cause to be determined, the amount, type, and other terms of such fee(s) from time to time by means of resolution. Notwithstanding the foregoing, no application fee shall be refundable, in whole or in part, to an applicant for a wireless encroachment permit.

5. Waivers. Requests for waivers from any requirement of this Section shall be made in writing to the Public Works Director/City Engineer or his or her designee. The Public Works Director/City Engineer may grant or deny a request for a waiver pursuant to this section. The Public Works Director/City Engineer may grant a request for waiver if it is demonstrated that, notwithstanding the issuance of a waiver, the City will be provided all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the permit sought. All waivers approved pursuant to this section shall be (i) granted only on a case-by-case basis, and (ii) narrowly-tailored to minimize deviation from the requirements of this Code.

6. Application incompleteness. For personal wireless facilities and eligible facilities requests, applications will be processed, and notices of incompleteness provided, in conformity with State, Local, and Federal law. If such an application is incomplete, the Public Works Director/City Engineer may notify the applicant and specify the material omitted from the application.

7. Applications denied without prejudice. To promote efficient review and timely decisions, the City may deny an application without prejudice when the applicant fails to tender a substantive response to the City within 180 calendar days after the City deems the application incomplete in a written notice to the applicant. In the event the application is denied without prejudice as provided herein and the applicant seeks to pursue an application at the same location, the applicant shall be required to submit a new application and applicable fee.

G. Findings; decisions; consultants.

1. Findings required for approval.

a. Except for eligible facilities requests, the Public Works Director/City Engineer or City Council, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:

i. The facility is not detrimental to the public health, safety, and welfare;

ii. The facility complies with this Section and all applicable design and development standards; and

iii. The facility meets applicable requirements and standards of State and Federal law.

b. For eligible facilities requests, the Public Works Director/City Engineer or City Council, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:

i. That the application qualifies as an eligible facilities request; and

ii. That the proposed facility will comply with all generally-applicable laws.

2. Decisions. Decisions on an application by the Public Works Director/City Engineer or City Council shall be in writing and include the reasons for the decision. Decisions shall be sent by overnight mail, electronic mail or other means to the applicant, appellant (if applicable) and to any person who submitted written comments on the application.

3. Independent consultants. The Public Works Director/City Engineer or City Council, as the case may be, is authorized, in its discretion, to select and retain independent consultant(s) with expertise in telecommunications in connection with the review of any application under this Section. Such independent consultant review may be retained on any issue that involves specialized or expert knowledge in connection with an application, including, but not limited to, application completeness or accuracy, structural engineering analysis, or compliance with FCC radio frequency emissions standards.

H. Conditions of approval.

1. Adoption by resolution. The City Council shall adopt by resolution standard conditions that shall apply to all wireless encroachment permits approved under this Section. Such standard conditions shall also apply to any wireless facility granted or approved by operation of law. The standard conditions shall address, without limitation, the following: compliance with this Code and applicable law; duration, renewal, and termination of wireless encroachment permits; installation of facilities; commencement of operations; as-built drawings; inspections; emergency procedures; maintaining updated contact information of relevant persons; insurance, indemnification, and bond requirements; minimizing impacts on adjacent properties; noninterference with and relocation to accommodate other improvements or uses of the public rights-of-way; no right, title, or interest (including possessory interest) created by a permit; maintenance requirements; ongoing compliance with FCC radio frequency emissions standards; facility access and testing; modifications to the facility; requiring an agreement with the City for use of Municipal Infrastructure; abandonment of facilities; records retention; attorney's fees; and any additional conditions for eligible facility requests and small cell facilities.

2. Modification. The approving authority (Public Works Director/City Engineer or City Council, as the case may be) may impose additional conditions, remove conditions, or otherwise modify the standard conditions applicable to a wireless encroachment permit in its sole discretion on a case-by-case basis.

I. Breach; termination of permit.

1. For breach. A wireless encroachment permit may be revoked for failure to comply with the conditions of the permit or applicable law. Upon revocation, the wireless facility must be removed; provided that removal of a support structure owned by the City, a utility, or another entity authorized to maintain a support structure in the public rights-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City. All costs incurred by the City in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless facility.

2. For installation without a permit. Any wireless facility installed without a wireless encroachment permit (except for those exempted by this Section) must be removed; provided that removal of support structure owned by the City, a utility, or another entity authorized to maintain a support structure in the public rights-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City. All costs incurred by the City in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless facility.

3. Municipal infraction. Any violation of this Section shall constitute an infraction and shall be subject to the penalties and fines set forth in Chapters 1.01 and 1.02 of this Code.

J. Infrastructure controlled by City. The City, as a matter of policy, will negotiate agreements for use of municipal infrastructure. The placement of wireless facilities on those structures shall be subject to the agreement. The agreement shall specify the compensation to the City for use of the structures. The person seeking the agreement shall additionally reimburse the City for all costs the City incurs in connection with its review of, and action upon the person's request for, an agreement.

K. Nondiscrimination. In establishing the rights, obligations and conditions set forth in this Section, it is the intent of the City to treat each applicant or public rights-of-way user in a competitively neutral and nondiscriminatory manner, to the extent required by law, and with considerations that may be unique to the technologies, situation and legal status of each particular applicant or request for use of the public rights-of-way.

(Ord. No. 2019-002, § 2)