Purpose.
El Paso City Code § 15.10.010
in effect15.10.010 - Purpose.
A. The city has been delegated by the State of Texas the fiduciary duty to manage the public rights-of-way for the benefit of the health, safety, and welfare of the citizens of the city. As proprietor and manager of the public rights-of-way, the city enacts these guidelines, procedures, and design manual, as expressly allowed by Texas Local Government Code, Chapter 284.
B. The guidelines, procedures, and the design manual codified within this chapter, are adopted in furtherance of the city's authority to manage the public right-of-way to ensure the health, safety, and welfare of the public, and to require from network providers fair and reasonable compensation for use of the public right-of-way and for collocation on service poles.
C. Any and all facilities selected for the installation of provider's wireless facilities shall not be considered "personal wireless service facilities" as that term is defined at 47 U.S.C. § 332(c)(7)(C)(ii), or a "base station" as that term is defined at 47 CFR § 24.5. The limitations applicable to local governments with regard to the placement, construction, and modification of "personal wireless service facilities" under 47 U.S.C. § 332(c)(7)(B) shall not apply to city with regard to locations selected for wireless facilities in the public right-of-way. Nor shall any federal regulations limiting the authority of local governments with regard to the placement, construction, and modification of "base stations" apply to the city with regard to wireless facilities located in the public right-of-way.
(Ord. No. 18717, § 1, 8-22-2017)
Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT15PUSE_CH15.10DENENORI-W_ARTIGE_15.10.010PUFetched: 10/28/2026