Ord 2017-056/establishing standards for permitting, design, installation, inspection and operation of Small Cell Network Infrastructure in City ROW or on City infrastructure

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include, by way of example and not limitation highways, streets, sidewalks, drainage facilities, sewerage and water facilities. Service pole means a pole, other than a municipally owned utility pole, owned or operated by the city and located in a right-of-way, including 1) a pole that supports traffic control functions; 2) a structure for signage; 3) a pole that supports lighting, other than a decorative pole; and 4) a pole or similar structure owned or operated by a municipality and supporting only network nodes. Utility pole means a pole that provides 1) electric distribution with a voltage rating of not more than 34.5 kolovolts; or 2) services of a telecommunications provider as defined in Section 51.002 of the Texas Utilities Code. Wireless facilities means network nodes, node support poles, and related equipment. Wireless service means any service, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network node. Wireless service provider means a person that provides wireless service to the public. Sec. 74.210 Purpose. (a) The purpose of this article is to facilitate the use of public right-of-way for network node deployments in accordance with Chapter 284 of the Texas Local Government Code. (b) A network provider may use the public right-of-way in the following circumstances upon receipt of a valid permit demonstrating compliance with the city design manual: (1) construct, modify, maintain, operate, relocate and remove a network node or node support pole; (2) modify or replace a utility pole or node support pole; and (3) collocate on a pole, subject to an agreement with the city. (c) A network provider may use the public right-of-way in the following circumstances upon receipt of a valid permit demonstrating compliance with the city design manual: (1) Install its own transport facilities; or (2) Obtain transport service from a person that is paying fees to the city to occupy the right-of-way. Sec. 74.211 Design manual. (a) The City hereby adopts the Design Manual by the City of San Marcos, Texas for the Installation of Network Nodes and Node Support Poles ("Design Manual") which sets forth additional installation and construction requirements for wireless service facilities created to support network providers. Any amendments to the city wireless services design manual shall be adopted by the city council pursuant to an ordinance.