Network provider may use the public right-of-way in the following circumstances upon receipt of a valid permit demonstrating compliance with the design manual:
1. Construct, modify, maintain, operate, relocate and remove a network node on a node support pole including the modification, replacement, or removal of the node support pole;
2. Collocate wireless facilities on a utility pole or service pole, subject to an agreement with the City;
3. Install its own transport facilities on utility poles subject to an agreement with the City; or
4. Obtain transport service from a person that is paying fees to the City to occupy the right-of-way.
Concealment. Concealment of network nodes and node support poles shall be required by the City in design districts and in historic districts as further provided in the Design Manual pursuant to Section 284.105 of the Texas Local Government Code.
Permit Application Requirements.
A.
Permit Application. A permit issued pursuant to this Chapter is required to install a micro network node, network node, a node support pole, or a transport facility in the right-of-way and must be approved prior to any work in the public right-of-way. In addition to the requirements set forth in this Chapter and the design manual, an application for a permit pursuant to this Chapter shall include the following. See
§ 6.1506A Permit Application for a complete list.
B.
Consolidated Permits. A network provider submitting an application to install or collocate multiple network nodes may file a consolidated permit application for not more than thirty (30) network nodes.
C.
Application Process Timeline. Not later than the 30th day after the date the City receives an application for a permit for a network node or node support pole, or the tenth day after the date the City receives an application for a permit for a transport facility, the City shall determine whether the application is complete and notify the applicant of that determination.
D.
Application Fee. The City may charge an application fee as authorized by Section 284.156 of the Texas Local Government Code. In addition to the annual public right-of-way rate, the application fee shall be $500.00 per application covering up to five network nodes, $250.00 for each additional node per application and $1,000.00 per application for each node support pole.
Installation and Inspections.
The City may perform visual inspections of any network node, network node, node support pole or related ground equipment located in the right-of-way as deemed appropriate without notice. If the inspection requires physical contact with the network node, node support poles or related ground equipment, the City shall provide written notice to the network provider within five business days of the planned inspection. The network provider may have a representative present during the inspection.
After completion of the work within the right-of-way, the network provider shall provide to the City copies of maps and construction records of the permitted facilities as they are actually constructed in the right-of-way and shall provide additional copies of the maps and records to the City upon request.
Collocation.
Replacement, maintenance and repair.
1. A network provider shall provide the City with ten (10) days’ advance written notice of the following activities in the right-of-way:
a. Routine maintenance that does not require excavation or the closing of sidewalks or vehicular lanes;
b. Replacement or upgrading a network node or node support pole with a network node or node support pole that is substantially similar in size or smaller and that does not require excavation or the closing of sidewalks or vehicular lanes; and
2. The installation, placement, maintenance, operation, or replacement of network nodes that are strung on cables between existing poles or node support poles in compliance with the National Electrical Safety Code.
Relocation.
Except as provided in State and Federal law, a network provider shall relocate or adjust network nodes in a public right-of-way, as determined by the City, within ninety (90) days and without cost to the City.
As soon as practical, but not later than fourteen (14) calendar days from the date the network provider receives notice, the network provider shall remove all graffiti on any of its micro network node, network node, node support pole, and related ground equipment located in the right-of-way. The foregoing shall not relieve the network provider from complying with any City graffiti or visual blight ordinance or regulation.
Restoration.
The network provider shall repair any damage to the right-of-way, or any facilities located within the right-of-way, and the property of any third party resulting from the network provider’s removal or relocation activities within ten (10) calendar days following the date of such removal or relocation, at the service provider’s sole cost and expense, including restoration of the right-of-way and such property to substantially the same condition as it was immediately before the date the network provider was granted a permit for the applicable location or did the work at such location (even if the network provider did not first obtain a permit), including restoration or replacement of any damaged trees, shrubs or other vegetation. Such repair, restoration and replacement shall be subject to the sole, reasonable approval of the City Manager or designee.
See
§ 6.1515 Network Provider’s Responsibility for details.
Towers Along Major Thoroughfares and Gateways.
In the event there is a conflict between this section and the setback requirements along TxDOT or Williamson County maintained rights-of-way, the greater distance requirement shall prevail. Prior approval is required from TxDOT or Williamson County before City approval of towers or network nodes along TxDOT or Williamson County maintained rights-of-way.
