Sec. 28-524. - General terms of permits, wireless facilities fees.
Permits issued in accordance with this division shall contain, at a minimum, the following general terms and conditions:
(1) A requirement that the permittee shall comply with the requirements and limitations set forth in the permit as prescribed by the Director in accordance with this division.
(2) A requirement that the permittee shall comply with this division, the applicable requirements of the applicable standards established by the Federal Communications Commission, and all other applicable Federal, State, or local laws, rules, regulations, and guidelines.
(3) A requirement that the permittee shall maintain the wireless facilities covered by a permit in a manner determined by the Director to preserve the public safety, health and welfare with respect to electric utility facilities within the City.
(4) A requirement that the permittee shall protect, at the permittee's expense, the City's electric utility infrastructure, and all other City-owned real property or City-owned personal property, from damage that may be caused by the permittee's wireless facilities or any installation or maintenance thereof.
(5) A provision that the Director shall take such action, as appropriate and to the extent permitted by law, to establish, maintain, and operate City-owned wireless network technologies, and self-monitoring, analysis and reporting technology and to request access to wireless facilities and bandwidth from the permittee, in order to facilitate the City's use of City-owned wireless facilities, equipment, and the radio frequency spectrum.
(6) A requirement that the permittee, upon the written request of the Director, shall submit to the Director all such information and documentation as the Director may deem necessary, to the extent permitted by law, to ensure the permittee's compliance with the permit and with this division.
(7) A requirement that the permittee, upon the written request of the Director, shall submit to the Director all information and documentation pertaining to the wireless facilities installed or operated by the permittee, including, but not limited to, all equipment providing service to the City pursuant to the permit and each permit issued in accordance with this division.
(8) A provision authorizing the Director, upon the written request of the permittee, to modify the permit by a writing approved as to form by the City Attorney.
(9) A provision authorizing the Director to modify the permit, by a writing approved as to form by the City Attorney, as the Director deems necessary to the extent required or permitted by law or for the preservation of the public safety, health, and welfare.
(10) A requirement that any failure to comply with the permit requirements, the requirements of this division, or applicable Federal, State, or local laws and rules, regulations, and guidelines shall result in revocation of the permit, which revocation shall not be appealable.
(11) A requirement that the Director shall provide the permittee with written notification of any revocation of the permit.
(12) A requirement that the permittee shall remove all wireless facilities from utility poles covered by the permit within 30 days after the date of any written notification from the Director of the revocation of the permit.
(13) A requirement that, upon the Director's determination, in accordance with criteria set forth in the rules, regulations, and guidelines issued in accordance with this division, that if a wireless facility covered by a permit in any way reduces the City's access to the radio frequency spectrum or in any way reduces the City's ability to establish, maintain, or operate one or more City-owned wireless facilities or other City-owned equipment on utility poles, the Director shall request access to such facility from the permittee, or request that the permittee mitigate such reduction or, if the request for access or mitigation is denied, revoke the permit, and provide the permittee with notice of such revocation in accordance with Subsection (11) of this section. In the case of revocation in accordance with this subsection, the permittee shall remove all wireless facilities from utility poles covered by the permit in accordance with Subsection (12) of this section.
(14) A requirement that each permittee that, as determined by the Director in accordance with criteria set forth in the rules, regulations, and guidelines issued in accordance with this division, has abandoned such permittee's wireless facility, has relocated a wireless facility to another utility pole without the express written consent of the Director, or has attached to a utility pole a wireless facility in violation of this division shall pay the applicable Department and contractor rates set forth below to remove any wireless facilities.
Rate Per Hour | Overtime Rate Per Hour
Department rates for each permit covering one or more wireless facilities to remove any wireless facilities
Overhead crew
Crew supervisor | $40.00 | $60.00
First class lineman | $30.00 | $45.00
Second class lineman | $25.00 | $37.50
Ground man/truck driver | $25.00 | $37.50
Equipment operator | $20.00 | $30.00
Underground crew
Crew supervisor | $40.00 | $60.00
Underground technician | $30.00 | $45.00
Ground man/helper | $25.00 | $37.50
Overhead equipment
One pickup truck | $5.00 | $5.00
One bucket truck | $25.00 | $25.00
One pole trailer | $5.00 | $5.00
One line truck with digger | $25.00 | $25.00
One team truck | $5.00 | $5.00
DPU engineer | $35.00
DPU inspector | $40.00
Contractor rates for each permit covering one or more wireless facilities to remove any wireless facilities
Overhead crew
Crew supervisor | $85.00 | $120.00
First class lineman | $80.00 | $110.00
Second class lineman | $70.00 | $100.00
Ground man/truck driver | $55.00 | $75.00
Equipment operator | $50.00 | $70.00
Underground crew
Crew supervisor | $75.00 | $105.00
Underground technician | $60.00 | $85.00
Ground man/helper | $40.00 | $60.00
Overhead equipment
One pickup truck | $20.00 | $20.00
One bucket truck | $40.00 | $40.00
One pole trailer | $10.00 | $10.00
One line truck with digger | $45.00 | $45.00
One team truck | $30.00 | $30.00
(15) Any other terms or conditions that the Director deems appropriate to fulfill the requirements of this division or applicable Federal, State, or local laws, rules, regulations, and guidelines.
(Code 2015, § 28-880; Code 2020, § 28-880; Ord. No. 2019-310, § 2(28-880), 12-9-2019; Ord. No. 2020-014, § 1, 1-27-2020)