SMALL WIRELESS COMMUNICATIONS FACILITIES

Tulsa Revised Ordinances tit. 11, ch. 16

in effect

Tulsa Revised Ordinances tit. 11, § 1600 Purpose.

Section 1600. - Purpose. The purpose of this chapter is to provide for the efficient, fair and safe placement and regulation of small wireless communications facilities within the City of Tulsa, in accordance with the Oklahoma Small Wireless Facilities Deployment Act, Title 11 Oklahoma Statutes, Sections 36-501 through 36-512, as amended from time to time (herein referred to as the "State Act"), and Final Rules of the Federal Communications Commission ("FCC"), adopted September 26, 2018. (Ord. No. 24060, § 1, 12-5-2018)

Tulsa Revised Ordinances tit. 11, § 1601 Definitions; equivalent terms.

Section 1601. - Definitions; equivalent terms. The City of Tulsa adopts the definitions as set forth in Section 36-502 of the State Act, with the following exceptions: the term "small wireless communications", when used herein, shall have equivalent meaning to "small wireless" used in the State Act. The terms "locate", "attach" and "install", when used in this chapter, shall have equivalent meaning to "collocate" used in the State Act. (Ord. No. 24060, § 1, 12-5-2018)

Tulsa Revised Ordinances tit. 11, § 1602 State law governs; City of Tulsa Permitting Authority.

Section 1602. - State law governs; City of Tulsa Permitting Authority. The City of Tulsa hereby adopts the State Act as governing small wireless communications facilities within the City of Tulsa. The City of Tulsa reserves the right to require providers of small wireless communications (that is, infrastructure providers and services providers) to obtain all applicable permits, including, but not limited to, zoning approval per Section 36-509, and building, right-of-way occupancy, and electrical permits, as authorized in subsections D. and E. of Section 36-504 and elsewhere in the State Act. (Ord. No. 24060, § 1, 12-5-2018)

Tulsa Revised Ordinances tit. 11, § 1603 Fees.

Section 1603. - Fees. As provided in Section 36-506 of the State Act, the application and permit fees for attachment of small wireless communications facilities to an existing or replacement City-owned pole shall be Two Hundred Dollars ($200.00) each for the first five small wireless communications facilities on the same application and One Hundred Dollars ($100.00) for each additional small wireless communications facility on the same application. The application and permit fees for the installation, modification or replacement of a utility pole and the attachment of an associated small wireless communications facility thereto shall be Three Hundred Fifty Dollars ($350.00) per pole for access to the right-of-way. The annual rate for occupancy of the right-of-way, including attachment of small wireless communications facilities to City-owned poles, shall be Twenty Dollars ($20.00) per small wireless communications facility. There shall be no rate charged for the installation, placement, maintenance, operation or replacement of micro wireless communications facilities that are strung on cables between existing utility poles, in compliance with the National Electrical Safety Code. Rates provided in this Section do not include any applicable charges for electric power; a wireless communications provider must pay separately for such services. The City may adjust the fees and rates it adopts under this Section by not more than ten percent (10%) every five (5) years, rounded to the nearest dollar. (Ord. No. 24060, § 1, 12-5-2018)

Tulsa Revised Ordinances tit. 11, § 1604 City of Tulsa's right-of-way occupancy.

Section 1604. - City of Tulsa's right-of-way occupancy. Any construction, installation, maintenance and/or replacement of facilities, as defined in Title 11 TRO Chapter 12, in City of Tulsa rights-of-way, including any damage to infrastructure, or disruption of traffic, shall require a Right-of-Way Occupancy Permit pursuant to Title 11 TRO Chapter 12, and the payment of all associated fees. This includes, but is not limited to, above- and below-ground structures and the stringing, hanging or burying of wires, cables, fiber optic cables, wireless communications facilities and micro wireless communications facilities, in or above the City of Tulsa's rights-of-way. The said Right-of-Way Occupancy Permit shall be in addition to any other permit required by this chapter or other law. (Ord. No. 24060, § 1, 12-5-2018)

Tulsa Revised Ordinances tit. 11, § 1605 Small wireless communications facilities mounted on City of Tulsa poles.

Section 1605. - Small wireless communications facilities mounted on City of Tulsa poles. Every small wireless communications provider wishing to install its facilities on a City of Tulsa-owned pole or "Authority pole" as defined in paragraph 6 of Section 36-502 of the State act, shall apply for the appropriate permit from the City of Tulsa, pursuant to Section 36-505 of the State Act. Said provider shall at its own expense obtain, and tender to the City of Tulsa as part of its application, a certificate from a professional engineer, stating that the pole is ready to accept the increased loads caused by said facilities, or, in the alternative, that the pole can be made ready to accept such loads with modification or replacement, as determined by the engineer. The engineer shall also certify that the facilities will cause no interference with City of Tulsa traffic or systems. Said provider shall make ready the said pole and install said facilities at its own expense, and said engineer shall certify that the installation is acceptable. Any pole replacing a City of Tulsa-owned pole shall become the property of the City of Tulsa. The engineer shall be licensed to practice in the State of Oklahoma. See subsection D. of Section 36-504 of the State Act. (Ord. No. 24060, § 1, 12-5-2018)

Tulsa Revised Ordinances tit. 11, § 1606 Small wireless communications facilities subject to City Zoning, when.

Section 1606. - Small wireless communications facilities subject to City Zoning, when. As provided in Sections 36-503, 36-504 and 36-509 of the State Act, proposed small wireless communications facilities and utility poles shall be subject to City of Tulsa's zoning ordinance review and approval/disapproval if they do not comply with the height restrictions in subsection E. of Section 36-503, or if they are proposed to be located on private property, zoned exclusively for residential single-family or duplex use. (Ord. No. 24060, § 1, 12-5-2018)

Tulsa Revised Ordinances tit. 11, § 1607 Underground placement.

Section 1607. - Underground placement. The City of Tulsa reserves the right to require small wireless communications providers to install their facilities underground, in accord with subsection H. of Section 36-503 of the State Act, and as further determined by Title 11 TRO Chapter 12, "Rights-of-Way Occupancy Management". (Ord. No. 24060, § 1, 12-5-2018)

Tulsa Revised Ordinances tit. 11, § 1608 Underground damage prevention.

Section 1608. - Underground damage prevention. All small wireless communications providers shall register and comply with the Oklahoma Underground Facilities Damage Prevention Act, Title 63 Oklahoma Statutes, Section 142.1 et seq., as applicable. (Ord. No. 24060, § 1, 12-5-2018)

Tulsa Revised Ordinances tit. 11, § 1609 Repair and restore.

Section 1609. - Repair and restore. Pursuant to subsection K. of Section 36-503 of the State Act, small wireless communications providers shall repair all damage caused by their activities in the right-of-way, and shall restore the right-of-way to its previous state. If such a provider fails to make such repairs within a reasonable time, the City of Tulsa may perform said repairs and charge the provider the reasonable, documented cost of such repairs. (Ord. No. 24060, § 1, 12-5-2018)

Tulsa Revised Ordinances tit. 11, § 1610 Historic districts.

Section 1610. - Historic districts. Placement of small wireless communications facilities, wireless support structures or utility poles in designated City of Tulsa historic districts shall comply with subsection I. of Section 36-503 of the State Act. (Ord. No. 24060, § 1, 12-5-2018)

Tulsa Revised Ordinances tit. 11, § 1611 Processing of permit; time limits.

Section 1611. - Processing of permit; time limits. As found in FCC Final Rule Part 1, Subpart U, Section 1.6003 (d), City staff shall review for completeness any permit application to deploy small wireless communications facilities, and shall notify the applicant on or before the tenth (10 th ) day after submission if the application is materially incomplete, and shall clearly and specifically identify the missing document or information, and the specific rule or regulation requiring such document or information. The ten-day limit (above) shall restart at zero on the date on which the applicant submits all the documents and information identified by City staff to render the application complete. As required by Section 36-504.D.7. of the State Act, an application shall be processed on a nondiscriminatory basis and deemed approved if the City fails to approve or deny the application within seventy-five (75) days of receipt of the application. Upon issuance of a City permit, a small wireless communications provider shall install its facilities and commence operation within one (1) year, as explained in subsection D. of Section 36-504, paragraphs 5 and 11. (Ord. No. 24060, § 1, 12-5-2018)

Tulsa Revised Ordinances tit. 11, § 1612 Denial of permit; reasons for denial.

Section 1612. - Denial of permit; reasons for denial. As provided in Section 36-504 of the State Act, the City of Tulsa may deny a proposed installation/location of a small wireless communications facility or installation, modification or replacement of a utility pole that meets the height requirements in subsection E. of Section 36-503 of the State Act if the proposed installation/location: A. Materially interferes with the safe operation of traffic control equipment or emergency management systems or devices; B. Materially interferes with sight lines or clear zones for transportation or pedestrians; C. Materially interferes with compliance with the Americans with Disabilities Act or similar federal or state standards regarding pedestrian access or movement; D. Materially interferes with Federal Aviation Administration requirements or the operation of an airport or air traffic; E. Fails to comply with reasonable and nondiscriminatory spacing requirements of general application adopted by ordinance that concern the location of new utility poles. Such spacing requirements shall not prevent a wireless provider from serving any location; F. With respect to ground-mounted equipment, fails to comply with reasonable and nondiscriminatory requirements of general application adopted by ordinance that concern spacing of the ground-mounted equipment; interference with sight lines, clear zones or pedestrian access or movement; unhindered use of the right-of-way by other right-of-way occupants, including the authority; or design or concealment measures in a historic district; G. Fails to comply with applicable codes, including without limitation the most recent version of the National Electrical Safety Code; H. Causes the utility pole or wireless support structure to become structurally unsound, unless the applicant demonstrates that it will address the problem adequately, such as by modifying or replacing the structure; or I. Materially interferes with the intended use of a City of Tulsa-owned pole. J. Fails to comply with existing underground policy codified in Chapter 12, Section 1210 of this Title, which requires that facilities shall be installed underground in locations where existing utility facilities are installed underground, unless a waiver is approved by the Streets and Stormwater Director or other person designated by the Mayor to enforce the provisions of this chapter, as provided in Section 1621 of this chapter. The City of Tulsa shall process any denial, and the provider's cure of any deficiency, as stated in subsection D.9. of Section 36-504 of the State Act. Deadlines shall be tolled as provided in subsections D.6. and D.7. of Section 36-504 of the State Act. (Ord. No. 24060, § 1, 12-5-2018; Ord. No. 24949, § 1, 11-2-2022)

Tulsa Revised Ordinances tit. 11, § 1613 Rescission after approval.

Section 1613. - Rescission after approval. The City of Tulsa reserves the right to rescind a duly issued permit, and/or order relocation of a small wireless communications facility or structure at the sole expense of the provider, for any of the reasons listed in Section 1612 (above) if discovered after the issuance of the permit, or if other unforeseen conditions occur which affect public safety or City of Tulsa operations. The City of Tulsa shall give reasonable notice to a provider, of any such rescission or order. (Ord. No. 24060, § 1, 12-5-2018)

Tulsa Revised Ordinances tit. 11, § 1614 Emergency.

Section 1614. - Emergency. In an emergency, the City of Tulsa shall take action necessary to protect life, property, public safety and public services, and shall notify a wireless communications provider of such action at the earliest opportunity. "Emergency" as used herein shall mean a condition that poses a clear and immediate danger to life or health, or of a significant loss of property, or requires immediate repair or replacement in order to restore service to the public or a customer. (Ord. No. 24060, § 1, 12-5-2018)

Tulsa Revised Ordinances tit. 11, § 1615 Duty to indemnify, defend and hold harmless.

Section 1615. - Duty to indemnify, defend and hold harmless. As allowed by Section 36-512 of the State Act, the City of Tulsa shall require a small wireless communications provider to defend, indemnify and hold harmless the City of Tulsa and its officers, agents and employees against any claims, demands, damages, lawsuits, judgments, costs, liens, losses, expenses and attorney fees resulting from the installation, construction, repair, replacement, operation or maintenance of small wireless communications facilities, wireless support structures or utility poles to the extent caused by the provider, its contractors, subcontractors and their officers, employees or agents. The provider shall have no obligation to defend, indemnify or hold harmless the City of Tulsa, its officers, agents or employees against any liabilities or losses due to or caused by the sole negligence of the City of Tulsa or its employees or agents. (Ord. No. 24060, § 1, 12-5-2018)

Tulsa Revised Ordinances tit. 11, § 1616 Insurance.

Section 1616. - Insurance. Providers shall obtain insurance coverage, and shall maintain same during the term of any permit authorized herein. Said insurance policy shall be issued by an insurer licensed to do business in the State of Oklahoma, and shall name the City of Tulsa as additional insured. The amount of such insurance coverage shall be as set forth in Titles 35 and 49 TRO. (Ord. No. 24060, § 1, 12-5-2018)

Tulsa Revised Ordinances tit. 11, § 1617 Identification on pole or other structure.

Section 1617. - Identification on pole or other structure. Every small wireless communications provider within the City of Tulsa shall identify itself on any pole or other structure used in its small wireless communications business, including said provider's full legal name and emergency contact information. Such identification shall be placed in a conspicuous place on the pole or other structure, in a permanent, all-weather medium and readily visible to the naked eye. Any small wireless communications provider who purchases or leases, or otherwise succeeds to ownership or control of, such a pole or other structure, shall keep said identification accurate and current. Placement of the required identification on a pole or other structure shall be at a height of five (5) feet, measured from ground level. Any deviation from the required height of identification must be approved by the City of Tulsa. (Ord. No. 24060, § 1, 12-5-2018; Ord. No. 24949, § 2, 11-2-2022)

Tulsa Revised Ordinances tit. 11, § 1618 Abandoned facilities.

Section 1618. - Abandoned facilities. Pursuant to subsection L. of Section 36-503 of the State Act, any small wireless communications provider, owning a utility pole or wireless support structure located in the City of Tulsa, shall remove said utility pole or wireless support structure, and any associated equipment, upon abandonment or discontinuance of use, and shall notify the City of Tulsa of said discontinuance and removal. The City of Tulsa may notify the small wireless communications provider of suspected abandonment, and may demand such removal. If the small wireless communications provider neither removes the utility pole or wireless support structure, nor notifies the City of Tulsa that the utility pole or wireless support structure has not been abandoned, the City of Tulsa may remove the utility pole or wireless support structure, take ownership of the small wireless facility and assess the cost of removal to the provider. (Ord. No. 24060, § 1, 12-5-2018)

Tulsa Revised Ordinances tit. 11, § 1619 Change in ownership.

Section 1619. - Change in ownership. Any small wireless communications provider who sells or leases out any small wireless communications facility, utility pole or wireless support structure, and any person or entity who purchases, or otherwise succeeds to ownership or control of, such facility, pole or other structure, shall forthwith notify the City of Tulsa of said sale, purchase or other transaction. (Ord. No. 24060, § 1, 12-5-2018)

Tulsa Revised Ordinances tit. 11, § 1620 Reference not exclusive.

Section 1620. - Reference not exclusive. In any section of this chapter, a citation to one or more provisions of the State Act shall not be construed as to exclude any other applicable provisions of the State Act. (Ord. No. 24060, § 1, 12-5-2018)

Tulsa Revised Ordinances tit. 11, § 1621 Waiver of underground requirements.

Section 1621. - Waiver of underground requirements. Small wireless communications facilities providers may seek a waiver of the underground requirements, if applicable, for the placement and installation of a new utility pole to support small wireless communications facilities, by submitting to the Director of the Streets and Stormwater Department, or other person designated by the Mayor to enforce the provisions of this chapter, a properly-completed application for waiver of underground requirements for a specific location, together the following documentation: A. A report from a professional engineer licensed in the State of Oklahoma, demonstrating or evidencing the following: 1. That installation of the small wireless communications facilities at the specified location is necessary to provide wireless communications service in that area, and that moving the small wireless communications facilities to a different location would materially prohibit wireless communications services to that area; 2. The specific conditions that would make an underground small wireless communications facility at the specified location unsafe, impractical, or technically infeasible; and 3. That collocation of small wireless communications facilities on any other utility poles in the area would be technically infeasible, even with replacing an existing utility pole, or that collocation is not possible; and B. A design or plan prepared by a professional engineer licensed in the State of Oklahoma evidencing that the installation of a new utility pole to support small wireless communications facilities is in compliance with location, material, design and concealment criteria applicable to utility poles as set forth in Section 1210, Titled "Engineering Standards" of Chapter 12, in Title 11, TRO. Upon review of the waiver application and all supporting documentation submitted by the small wireless communications provider, the Director of the Streets and Stormwater Department or other person designated by the Mayor to enforce the provisions of this chapter shall determine if a waiver of the requirement to install facilities underground for the specified location should be granted or denied. If a waiver is to be granted, the Director shall specify design, setback, concealment, notification, and any other required conditions of the waiver. Written notice of the Director's decision shall be provided to the applicant. If the waiver application is denied, the applicant may within ten (10) business days after the date of denial submit a written Notice of Appeal to the City Council. The written Notice of Appeal must state the basis of the appeal. (Ord. No. 24949, § 3, 11-2-2022)

Tulsa Revised Ordinances tit. 11, § 1622 Appeal to the City Council.

Section 1622. - Appeal to the City Council. A. An applicant whose request for a waiver of the underground requirement has been denied by the Director of the Streets and Stormwater Department or other person designated by the Mayor to enforce the provisions of this chapter may appeal such denial to the City Council by filing two (2) copies of a written Notice of Appeal with the City Clerk, stating the basis of the appeal. A hearing on the appeal shall be heard by the City Council no later than thirty (30) calendar days from the date of filing of the appeal unless such later date is agreed to by the appellant. Notice of the date, time, and place of the hearing of the appeal shall be mailed to the appellant at the address listed in the Notice of Appeal. Only the issues raised as the basis of the appeal and the documents submitted to and considered by the Director of the Streets and Stormwater Department or other person designated by the Mayor to enforce the provisions of this chapter shall be reviewed and heard by the City Council. B. The Council shall hold a hearing on the applicant's appeal and may then affirm the denial or grant the waiver requested, subject to any lawful conditions the Council may require. (Ord. No. 24949, § 4, 11-2-2022)

Source: City of Tulsa, Revised Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ok/tulsa/codes/code_of_ordinances?nodeId=COOR_TIT11PUWODE_CH16SMWICOFAFetched: 10/28/2026