Draft 1/18/18 DRAFT MODEL CODE FOR MUNICIPALITIES
Draft 1/18/18DRAFT MODEL CODE FOR MUNICIPALITIESFederal Communications CommissionBroadband Deployment Advisory CommitteeModel Code for Municipalities Working GroupNOTE:SEE APPENDIX A FOR IMPORTANT DRAFTERS’ EXPLANATION.NOTE: WHEN CONSIDERING ADOPTION OF THIS MODEL CODE, LOCALGOVERNMENTS SHOULD CONSIDER THAT THERE MAY BE FEDERAL, STATE ORLOCAL LAWS THAT COULD LIMIT OR OTHERWISE AFFECT VARIOUS TERMS ANDPROVISIONS SET FORTH HEREIN. CIRCUMSTANCES OF EACH LOCAL GOVERNMENTMAY REQUIRE MODIFICATIONS OF THIS MODEL CODE AND LEGAL REVIEW ISSTRONGLY ADVISED PRIOR TO ADOPTION.
TABLE OF CONTENTSPageArticle I.Short Title and Definitions .1Section 1.1Short Title. . 1Section 1.2Definitions. .1Article II.Governance of Deployment in the Public ROW . 5Section 2.1General provisions of Agreement for Access to Public ROW . 5Section 2.2Permitted Communications Facility Uses/Administrative Review;Application and Fees. 6Section 2.3Action on Administrative Review Applications . 7Section 2.4Other Public ROW Installation Requirements. 11Section 2.5Attachment to Decorative Poles .17Section 2.6Batch Applications. [To be added] .17Article III. Governance of Deployment Outside the Public ROW . 18Section 3.1Permitted Communications Facility Uses Administrative Review;Application and Fees. 18Section 3.2Action on Administrative Review Application . 20Section 3.3Eligible Facilities Requests. . 21Section 3.4Applications Requiring Discretionary Review and Approval. 21Section 3.5Temporary and Emergency Installations. 23Article IV. OTHER . 24Section 4.1“DIG ONCE” REQUIREMENTS .24Section 4.2Exceptions to Applicability of this Chapter . 25Section 4.3Effective Date .25
THIS DRAFT MODEL CODE IS SUBJECT TO FURTHER REVISIONS BY THE WORKING GROUPArticle I.Short Title and DefinitionsSection 1.1Short Title.This Chapter is titled the “Encouraging Broadband Deployment Ordinance,” and amends allapplicable provisions of the [city/town/etc charter/code] and existing local laws relating to thesubject matter of this Chapter.Section 1.2Definitions.a.“Administrative Review” – means ministerial review of an Application by theAuthority relating to the review and issuance of a Permit, including review by the[building, planning or zoning administrator, or other [City] staff or designee] todetermine whether the issuance of a Permit is in conformity with the applicableprovisions of this Chapter. This process does not involve the exercise ofdiscretion. Either the issuance of a Permit is in conformity with the applicableprovisions of this Chapter or it is not. This process is not subject to a publichearing.b.“Antenna” means communications equipment that transmits and/or receiveselectromagnetic radio frequency signals used in the provision of WirelessServices or other wireless communications. This definition does not apply tobroadcast antennas, antennas designed for amateur radio use, or satellite dishesfor residential or household purposes.c.“Applicable Codes” means uniform building, fire, safety, electrical, plumbing, ormechanical codes adopted by a recognized national code organization to theextent such codes have been adopted by the Authority or otherwise areapplicable in the jurisdiction.d.“Applicant” means any Person who submits an Application.e.“Application” means a written request submitted by an Applicant (such as theform annexed hereto as Appendix B) to an Authority for a Permit (i) to locate orCollocate, or to modify, a Communications Facility underground or on anyexisting Support Structure, Pole or Tower, or (ii) to construct or modify a newSupport Structure, Pole or Tower or any other structure on which aCommunications Facility will be collocated.f.“Authority” means the [city/town/etc of ] or any agency, county,municipality, district, subdivision or any instrumentality thereof, including, but notlimited to public utility districts, or municipal electric utilities. The term shall notinclude state courts having jurisdiction over an Authority.g.“Authority Pole” means a Pole owned, managed or operated by or on behalf ofan Authority.h.“Base Station” or “Wireless Facility” is defined as provided below (seedefinition of “Wireless Facility”).
THIS DRAFT MODEL CODE IS SUBJECT TO FURTHER REVISIONS BY THE WORKING GROUPi.“Collocate” means to install, mount, maintain, modify, operate and/or replace aCommunications Facility on an existing Support Structure, Pole, or Tower or anyother structure capable of supporting such Communications Facility.“Collocation” has a corresponding meaning.j.“Communications Facility” means, collectively, the equipment at a fixedlocation or locations that enables FCC-licensed or FCC-authorizedcommunications between user equipment and a communications network,including: (i) radio transceivers, Antennas, coaxial or fiber-optic cable, regularand backup power supplies, and comparable equipment, regardless oftechnological configuration; and (ii) all other equipment associated with any ofthe foregoing.k.“Communications Service Provider” means a cable operator, as defined in 47U.S.C. § 522(5), a provider of information service, as defined in 47 U.S.C.§ 153(24); or a provider of telecommunications service, as defined in 47 U.S.C.§ 153(53).l.“Decorative Pole” means an Authority Pole that is specially designed andplaced for aesthetic purposes.m.“Deployables” means a portable, self-contained Wireless Facility that can bemoved to a specified location or area and provide Wireless Services on atemporary or emergency basis such as a “cell on wheels” or “COW,” “cell on lighttruck” or “COLT,” tethered balloon, tethered drone or other unmanned device.n.“Discretionary Review” means review of an Application by the Authorityrelating to the review and issuance of a Permit, that is other than anAdministrative Review. Discretionary Review involves discretion on the part ofthe Authority (subject to any applicable limits on such discretion) in determiningwhether to issue a Permit and is typically subject to one or more public hearingsor meetings.o.“FCC” means the Federal Communications Commission of the United States.p.“Fee” means a one-time, nonrecurring charge, whether a fixed amount or costbased amount based on time and expense.q.“Historic Property” means any prehistoric or historic district, site, building,structure, or object included in, or eligible for inclusion in, the National Registermaintained by the United States Secretary of the Interior (in accordance withSection VI.D.1.a.i-v of the Nationwide Programmatic Agreement codified at 47C.F.R. Part 1, Appendix C).r.“Law” means any federal, state, or local law, statute, common law, code, rule,regulation, order, or ordinance.s.“Non-Authority Pole” means a Pole not owned, managed or operated by or onbehalf of an Authority.-2-
THIS DRAFT MODEL CODE IS SUBJECT TO FURTHER REVISIONS BY THE WORKING GROUPt.“Ordinary Maintenance and Replacement” of a Communications Facilityand/or the associated Support Structure, Pole or Tower includes inspections,testing and modifications that maintain functional capacity, aesthetic andstructural integrity, and/or the replacement or upgrade of Antennas and/or othercomponents of a Communications Facility, with Antennas and/or othercomponents similar in color and other aesthetics and in aggregate size so longas the Support Structure, Pole or Tower will structurally support, or can bemodified to support, the structural load.u.“Permit” means a written authorization (in electronic or hard copy format)required by an Authority to perform an action or initiate, continue, or completeinstallation of a Communications Facility, or an associated Support Structure,Pole, or Tower.v.“Person” means an individual, corporation, limited liability company, partnership,association, trust, or other entity or organization, including an Authority.w.“Pole” means a pole, such as a utility, lighting, traffic, or similar pole, notexceeding [50] feet in height above grade, made of wood, concrete, metal orother material, located or to be located within the Public Right of Way or a PrivateEasement. A Pole does not include a Tower or Support Structure.x.“Private Easement” means the area on, below, or above privately-ownedproperty that has been designated for use as or is used for a utility purpose (suchas for electric, cable or other utility purpose), and is typically recorded in the landrecords of the [City] pursuant to a recorded plat, easement or right of way, anddoes not include any portion of a Public Right of Way.y.“Public Right of Way” or “Public ROW” means the area on, below, or aboveproperty that has been designated for use as or is used for a public roadway,highway, street, sidewalk, alley or similar purpose, but not including a federalinterstate highway or other area not within the legal jurisdiction, or within the legalmaintenance responsibility of the municipality.z.“Rate” means a recurring charge.aa.“Replacement” means, in connection with an existing Pole, Support Structure orTower, replacement of same with a new structure, similar in design, size andscale to the existing structure and in conformance with current [City charter/coderegulations], in order to address limitations of the existing structure to structurallysupport Collocation of a Communications Facility.In connection withreplacement of a Pole or Tower to support Collocation of a Wireless Facility,similarity in size and scale shall be evaluated consistent with 47 C.F.R. 1.40001Subpart b(7).bb.“Small Wireless Facility” means a Wireless Facility that meets both of thefollowing qualifications: (i) each Wireless Provider’s Antenna (including, withoutlimitation, any strand-mounted Antenna) could fit within an enclosure of no morethan ( ) cubic feet in volume; and (ii) all other wireless equipment associatedwith the facility is cumulatively no more than ( ) cubic feet in volume.The following types of associated, ancillary equipment are not included in the-3-
THIS DRAFT MODEL CODE IS SUBJECT TO FURTHER REVISIONS BY THE WORKING GROUPcalculation of equipment volume: electric meter, concealment elements,telecommunications demarcation box, grounding equipment, power transferswitch, cut-off switch, and vertical cable runs for connection of power and otherservices.cc.“State” means the [State/Commonwealth] of .dd.“Support Structure” means a building, a billboard, a water tank or any otherstructure to which a Communications Facility is or may be attached. SupportStructure does not include a Pole or a Tower.ee.“Tower” means any structure built for the sole or primary purpose of supportinga Wireless Facility. Tower, such as a self-supporting Tower, a monopole, alattice or a guyed Tower. Tower also includes a structure designed to concealfrom the general public the Wireless Facility. A tower does not include a Pole ora Support Structure.ff.“Wireless Facility” or “Base Station” means a Communications Facilityinstalled and/or operated by a Wireless Provider. The term does not include: (i)the Support Structure, Tower or Pole on, under, or within which the equipment islocated or Collocated; or (ii) coaxial, fiber-optic or other cabling that is betweenCommunications Facilities or Poles or that is otherwise not immediately adjacentto or directly associated with a particular Ante nna. A Small Wireless Facility isone example of a Wireless Facility.gg.“Wireless Infrastructure Provider” means any Person, including a Personauthorized to provide telecommunications service in the State, that builds orinstalls and/or operates Wireless Facilities or Poles, Towers or SupportStructures on which Wireless Facilities are or are intended to be used forCollocation, but that is not a Wireless Services Provider.hh.“Wireless Provider” means a Wireless Infrastructure Provider or a WirelessServices Provider.ii.“Wireless Services” means personal wireless services as that term is defined in47 U.S.C. § 332(c)(7)(C)(i).jj.“Wireless Services Provider” means a Person who provides WirelessServices.-4-
THIS DRAFT MODEL CODE IS SUBJECT TO FURTHER REVISIONS BY THE WORKING GROUPArticle II.Governance of Deployment in the Public ROWSection 2.1General provisions of Agreement for Access to Public ROWa.Municipal Agreement. [ADD FOLLOWING PROVISION REQUIRING MUNIAGREEMENT ONLY IF REQUIRED BY THE AUTHORITY FOR ALLOCCUPANTS DESIRING TO INSTALL COMMUNICATIONS FACILITIES INTHE PUBLIC ROW] Prior to receiving a Permit to install a CommunicationsFacility in the Public ROW, each Applicant shall be required to enter into aMunicipal Agreement [e.g., Franchise Agreement, Right of Way Agreement, PoleAttachment Agreement, License Agreement] between the Authority and theApplicant, on terms and conditions substantially the same for all Applicants andexisting occupants. The terms and conditions of such Municipal Agreement willinclude the following:[TBD - FOLLOWING ARE EXAMPLES ONLY OF POTENTIAL FEES ANDRATES][NOTE - IF NO MUNI AGREEMENT REQUIRED, THEN CONVERT SECTION2.1 HEADING TO “FEES AND RATES” AND ADD TEXT STATING “THEFOLLOWING FEES AND RATES SHALL BE PAID BY AN APPLICANT,AS MORE PARTICULARLY SET FORTH IN THIS CHAPTER”]b.(i)Application Fee, shall be [ ] for a single Permit, and [ ] formultiple Permits of up to [YYY] number of similar Applications submittedsimultaneously by a Wireless Provider or any other CommunicationsService Provider to an Authority.(ii)Make-Ready Fee, determined on a site-specific, engineering basis, forwork reasonably necessary to make a particular Authority Pole suitablefor attachment of the applicable Communications Facility.(iii)Annual ROW Rate, shall be [ ] for occupancy of the Public ROW bythe Applicant.(iv)Generally applicable, non-discriminatory Fees, such as Electricalpermits, Building permits, or street opening permits.(v)Annual Attachment Fee, for attachment to an Authority Pole in theamount of [ ].(vi)[Specify Other, if any].(vii)An Applicant shall not be subject to any municipal Fees or Rates, otherthan those expressly cited above.Other Terms.(i)(ii)-5-
THIS DRAFT MODEL CODE IS SUBJECT TO FURTHER REVISIONS BY THE WORKING GROUP(iii)(iv)(v)Section 2.2a.PermittedCommunicationsApplication and FeesFacilityUses/AdministrativeReview;Permitted Use: The following uses within the Public ROW shall be a permitteduse, subject to Administrative Review only and issuance of a Permit as set forthin this Section 2.2:(i)Collocation of a Small Wireless Facility;(ii)Modification or replacement of a Pole, Tower or Support Structure forCollocation of a Communications Facility, provided that, to the extent anysuch modification or replacement of a Pole, Tower or Support Structure isto be used for Collocation of a Wireless Facility, Discretionary Review isrequired under [cite to Discretionary zoning, land use or similar Codeprovisions in Code/Charter] if the Collocation does not involve anEligible Facilities Request or involves a Small Wireless Facility thatexceeds the maximum height set forth in Subsection 2.3c below;(iii)Construction of a new Pole or Tower to be used for Collocation of a SmallWireless Facility that does not exceed the maximum height set forth inSubsection 2.3c below; and(iv)Construction of a Communications Facility, other than those set forth insubsections (i), (ii) or (iii) in this Section 2.2(a), involving the installation ofcoaxial, fiber optic or other cabling, that is installed underground (directburied or in conduit) or aboveground between two or more Poles or aPole and a Tower and/or Support Structure, and related equipment andappurtenances.b.Permit Required. No Person shall place any facility described in Section 2.2(a)above in the Public Right of Way without first filing an Application for same andobtaining a Permit therefor, except as otherwise expressly provided in thisChapter.c.Proprietary or Confidential Information in Application. The Authority shall makeaccepted Applications publicly available. Applicant may designate portions of itsApplication materials that it reasonably believes contain proprietary orconfidential information as “proprietary” or “confidentia l” by clearly marking eachportion of such materials accordingly. The Authority shall treat the information asproprietary and confidential, subject to applicable State and local “freedom ofinformation” or “sunshine” laws and the Authority’s determinatio n that theApplicant’s request for confidential or proprietary treatment of an Applicationmaterial is reasonable.-6-
THIS DRAFT MODEL CODE IS SUBJECT TO FURTHER REVISIONS BY THE WORKING GROUPd.Administrative Review Application Requirements. The Application shall be madeby the applicable Wireless Provider or Communications Service Provider or itsduly authorized representative and shall contain the following:(i)The Applicant’s name, address, telephone number, and e-mail address.(ii)The names, addresses, telephone numbers, and e-mail addresses of allconsultants, if any, acting on behalf of the Applicant with respect to thefiling of the Application.(iii)A general description of the proposed work and the purposes and intentof the proposed facility. The scope and detail of such description shall beappropriate to the nature and character of the work to be performed, withspecial emphasis on those matters likely to be affected or impacted bythe work proposed.(iv)Detailed construction drawings regarding the proposed facility.(v)To the extent the proposed facility involves Collocation on a Pole, Toweror Support Structure, a structural report performed by a [duly licensedengineer] evidencing that the Pole, Tower or Support Structure willstructurally support the Collocation in accordance with Applicable Codes.(vi)For any aboveground facilities, visual depictions or representations if notincluded in the construction drawings[CONSIDER ADDING, and for newaboveground facilities before and after photo simulations].(vii)[Other?].(viii)The proposed facility shall comply with any applicable Law.e.Ordinary Maintenance and Replacement. An Application shall not be required forOrdinary Maintenance and Replacement, other than to the extent required forpermits described in Section 2.4(b)(iii) below.f.Information Updates. Any material change to information contained in anApplication shall be submitted in writing to the [City] within thirty (30) days afterthe change necessitating the amendment.g.Application Fees. Unless otherwise provided by law, all Applications pursuant tothis Chapter shall be accompanied by the Fees required under Section 2.1(a)above.Section 2.3a.Action on Administrative Review ApplicationsReview of
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 C.F.R. 1.40001 Subpart b(7). bb. “Small Wireless
Final Date for TC First Draft Meeting 6/14/2018 3/15/2018 Posting of First Draft and TC Ballot 8/02/2018 4/26/2018 Final date for Receipt of TC First Draft ballot 8/23/2018 5/17/2018 Final date for Receipt of TC First Draft ballot - recirc 8/30/2018 5/24/2018 Posting of First Draft for CC Meeting 5/31/2018 Final date for CC First Draft Meeting .
DRAFT DOCUMENT FOR PUBLIC COMMENTS DRAFT DOCUMENT DRAFT DOCUMENT FOR PUBLIC COMMENTS DRAFT DOCUMENT . means a quantity standard for determining throughput of game carcasses in a . The Scheme is applicable throughout the Republic of South
to conditions that resulted from austerity following the financial crisis of 2008. . Broadly speaking three ‘waves’ of feminism have occurred in the EU . organisations that have appeared in the five-year period up to 2015 and that e
Furnace Draft Control Delayed Coking Operational Optimization Draft should be measured under the first row of convection tubes High Draft causes more air leakage and lowers the heater's efficiency, the higher the draft higher the leakage. High draft changes the burner flame pattern-longer flames. High draft can cause a heater .
Development of NFPA Standards, Section 4.3.12, the following First Draft Report has been developed for public review. . parts and consists of the First Draft Report and the Second Draft Report. (See Regs at 1.4) III. Step 1: First Draft Report. The First Draft Report is defined as "Part one of the Technical Committee Report, which
shall be steel to AAR M-201 Grade E and shall withstand drag and buff load 300 t for PAC draft gear and 450 t for MAC draft gear. 2.3. Pre compression load at installed height of draft gear assembly to be kept 7 1 ton for PAC & 12 2 ton for MAC draft gear. 2.4.
UNITED STATES HISTORY AND GOVERNMENT (FRAMEWORK) DRAFT. DRAFT DRAFT PROTOTYPES FOR 2 DRAFT June 2019 REGENTS EXAMINATION IN UNITED STATES HISTORY AND GOVERNMENT (FRAMEWORK) PART 1—STIMULUS-BASED MULTIPLE-CHOICE QUESTIONS. DRAFT MCQ SET #1 Base your answers to questions 1 through 3 on the letter below and on your knowledge of
00.00.04 13/07/2016 Draft ALG Addition of Section 5 and Attachment A 00.00.05 21/07/2016 Draft UPC Document re-structuring and addition of Section 2 00.00.06 25/07/2016 Draft All Document update for draft delivery to the SJU 00.00.07 01/08/2016 Draft All Document revision internal to the project.
