16.10.030 PROW Permit Required--Applicability.
A. PROW Permit Required.
1. Except as provided in subdivision B below, in addition to any agreement, license, permit or Franchise required by any City ordinance or any other local, state or federal law, no Company may undertake any activity in the PROW in order to construct, install, or repair any Facility, or a portion thereof, without first obtaining a PROW permit pursuant to this Chapter and paying all lawful fees required by any City ordinance.
2. All Facilities proposed to be located on utility poles owned or controlled by the Northern California Joint Pole Authority shall be subject to the application requirements and process set forth in Section 16.10.045.
B. Notwithstanding anything stated herein, a PROW Permit shall not be required (1) if the Director makes a written determination that a proposed Facility described in subdivision A relates to the maintenance, replacement or insubstantial modification of existing Facilities; or (2) if the applicant requests approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted pursuant to 47 U.S.C. § 1455, which will be subject to the current FCC rules and regulations applicable to "eligible facilities requests" as defined by FCC and as may be amended or superseded.
C. In addition to the requirements of this Chapter, a Company shall obtain all otherwise necessary City permits including, without limitation, encroachment permits, building permits, electrical permits, and other permits that may be lawfully required by this Code or other applicable laws or regulations.
D. Nothing in this Chapter shall be deemed to authorize the installation of facial recognition or other Surveillance Technology (as defined in Section 2.99.020) in the public-right-of-way.
E. Nothing in this Chapter shall be deemed to limit the City’s authority to regulate the placement, construction, and modification of wireless devices that are not Personal Wireless Service Facilities nor shall this Chapter limit the authority of the City to refuse or otherwise condition approval of installation of a Personal Wireless Service Facility on City property in its proprietary capacity or in any other non-regulatory capacity. (Ord. 7726-NS § 1 (part), 2020: Ord. 7165-NS § 1, 2011; Ord. 7083-NS § 4 (part), 2009)