UTILITY FRANCHISE MANAGEMENT - PRE-APPLICATION PROCESS FOR WIRELESS FACILITIES IN RESIDENTIAL STREETS
Administrative Rule Adopted by Revenue Bureau Pursuant to Rule-Making Authority
A. Purposes. The City’s Broadband Strategic Plan identifies wired and mobile broadband facilities as critical infrastructure providing essential services integral to the working and personal lives of Portland households, families, and businesses. The Pre-Application process for Wireless Facilities in residential streets seeks to balance increased use of and demand for citywide access to essential mobile wireless services while providing adequate prior public notification in residential neighborhoods to facilitate the orderly placement of wireless sites. Wireless carriers should provide timely notification and information to affected residential neighborhoods of wireless siting proposals before the installation of such sites commences, and such carriers should consider the views of neighbors and interested citizens regarding potential aesthetic and design alternatives.
B. Wireless carriers (“Pre-Applicants”) granted authority by the City of Portland under a current, valid Right-of-Way Agreement or other similar form of authority shall comply with the pre-application requirements set forth in UTL-3.07 with respect to potential applications to install wireless facilities in Priority 4 streets (generally low volume traffic streets in residential areas) or within 400 feet of Priority 4 streets.
C. Neighborhood meeting required
a. Pre-Applicants shall conduct an informational neighborhood meeting within the city-recognized neighborhood association boundaries in which the proposed site or alternative site(s) for the proposed facility (“Project”) will be located. A regularly-scheduled neighborhood association or business association meeting, or a separate neighborhood meeting, may be utilized or scheduled for this purpose so long as the meeting otherwise meets the standards set forth in subparagraphs b. – f. hereof.
b. The purpose of the informational neighborhood meeting is to inform meeting attendees and interested parties of the Project and to enable meeting attendees and interested parties to ask questions and provide comment on the proposed Project site and aesthetic and design considerations related to the proposed Project site.
c. The Pre-Applicant shall conduct the informational neighborhood meetings consistent with the Open Meetings purposes under Sec. VIII.A of the Office of Neighborhood Involvement’s Standards for Neighborhood Associations, (“ONI Meeting Standards”), available through the Office of Neighborhood Involvement, or on the City of Portland’s website at:
d. Prior notice
i. Pre-Applicants shall provide written notice of the informational neighborhood meeting concerning the Project not less than 14 or more than 30 days in advance of the meeting.
ii. Such prior notice shall be provided to:
1. Property owners and occupants within a 400 foot radius of any proposed or alternative sites, if any, which may be the subject of the Project;
2. the neighborhood association and District or Neighborhood Coalition office or its equivalent;
3. the business association, if any;
4. the pole owner;
5. the Bureau of Development Services; and
6. the Office for Community Technology (OCT).
e. Content of notice
i. At a minimum, the Pre-Applicant shall include the following information in the notice required under UTL-3.07.C.d.:
1. Name of the Pre-Applicant;
2. Identification of the proposed site or alternative sites, if any, for the Project;
3. A description of the planned work that will occur;
4. Identification of the specific structure(s) proposed to be replaced, if any, and facilities proposed to be added at Project;
5. Identification of when Project construction is planned to begin and end;
6. Contact name and telephone number and/or email address of wireless carrier representative, pole owner, and OCT;
7. Date, time, location and purpose of the informational neighborhood meeting; and
8. Identification of available on-line resources where the information required through this pre-application process may be readily accessed on or before the date of the informational neighborhood meeting.
f. Meeting venue
i. Pre-Applicant shall select the venue and conduct the informational neighborhood meeting consistent with applicable Open Meetings standards under Sec. VIII.G of the ONI Meeting Standards, available as identified in UTL-3.07.C.c.
g. Format and content of meeting
i. Moderator required; authority of moderator
1. Pre-Application meetings conducted under UTIL 3.07 shall be presided over by a third party moderator acceptable to Pre-Applicant and OCT; or by an OCT staff member or OCT designee.
2. The moderator shall at the outset state the purposes and potential outcomes of the meeting. The moderator shall provide reasonable means for meeting attendees and interested parties to express their views regarding design alternatives and aesthetic options presented by Pre-Applicant, and alternative sites, if applicable, and to provide other comments for consideration by Pre-Applicant.
3. The moderator shall take steps to encourage balanced participation, mutual respect, courtesy, order and decorum and shall have authority to address disruptions as provided in the Open Meetings standards under Sec. VIII.I of the ONI Meeting Standards, available as identified in UTL-3.07.C.c.
ii. Photo simulations to be provided at informational neighborhood meeting
1. Pre-Applicants shall provide Project contour maps and photo-simulations required by the City’s Wireless Facility Application Checklist;
2. In addition, Pre-Applicants shall provide photographs of the existing proposed site and alternative sites, if any, for the Project (“base photos”) together with photo simulations consistent with the following standards:
a. Minimum size of each base photo and each photo simulation must be at least 8 inches by 10 inches (landscape orientation), printed on sheets of 8 ½ by 11 inches. Each base photo and matching photo simulation must be the same size. Single sheets of 8 ½ by 11 inches showing base photos and photo simulations on the same page are unacceptable.
b. Photographs or photo simulations must show material elements of the proposed site or sites from similar perspectives (distance, height, and angle) within approximately 200 feet of the Project. Elements such as panel antennas, omni-directional antennas, GPS antennas, antenna camouflage devices, cable trays, equipment cabinets, or working lights should be included in any simulation.
c. The overall proposed site or alternative sites, if any, for the Project must be shown in at least two area photo simulations. Base photos must, at a minimum, be taken from widely scattered positions. A map detail showing each location where a photograph was taken, the proposed site or alternative sites, if any, and the direction to the site from each photograph location must be included. Base photos taken from locations that have some physical feature obscuring the Project site, and the photo simulations associated with those same base photos, should be avoided.
iii. Presentation of additional information
1. If Pre-Applicant determines that the proposed Project Site is the one feasible location within or outside of the search radius that can meet the radio frequency and other business objectives of the Project after consideration of alternative sites, Pre-Applicants shall provide an explanation including factors supporting such determination.
iv. Aesthetic considerations
1. Pre-Applicants shall present options regarding design alternatives addressed to mitigating visual, scale or other aesthetic impacts including, for example, alternative approaches to facility design, such as screening, color or masking, intended by the applicant to camouflage or reasonably integrate the proposed facility with the surrounding neighborhood.
2. Pre-Applicants shall consider the views of attendees and interested parties addressing such design alternatives prior to presenting any application to OCT.
v. Accessibility and availability of information presented
1. Pre-Applicants shall provide and present the information required by the City’s Wireless Facility Application Checklist and UTIL 3.07 in sufficient quantity for attendees to obtain the information, OR shall present overhead slides with sufficient clarity for viewing by meeting attendees; AND shall provide an available website link at the meeting where the information presented at the meeting can be readily obtained by attendees.
h. Required components of post-meeting application
i. In addition to the information required by the City’s Wireless Facility Application Checklist, in any application to OCT concerning a project subject to UTIL 3.07, Pre-Applicants shall provide:
1. Verification that Pre-Applicant held a meeting in compliance with UTIL 3.07 identifying the date, time and place of the meeting;
2. A brief summary of the site location explanation presented at the neighborhood information meeting by Pre-Applicant under C. g. iii. 1. hereof and any website link provided under C. g. v.; and
3. A brief narrative summarizing Pre-Applicant’s consideration of the views of attendees and interested parties regarding aesthetic and design options under paragraph C. g. iv. hereof, including information regarding aesthetic and design options accepted, modified, or rejected and the reasons therefor.
ii. The Pre-Applicant’s presentation of materials required under C. g. for the informational neighborhood meeting is solely intended to provide information to interested parties and to allow such parties to provide comments and information regarding Pre-Applicant’s Project and proposed aesthetic and design options for Pre-Applicant to consider. OCT will not consider options modified or rejected by the Pre-Applicant as part of the City's Wireless Facility Application Checklist.
i. Pre-Applicant must submit an application to the City within thirteen (13) months after the date of the informational neighborhood meeting for any site which was the subject of such meeting.
D. Coordination Between OCT and BDS
a. If Pre-Applicant proposes a Project which encroaches on or requires separate agreement with private property owners (e.g. for back-up power supplies outside the right-of-way or other related ancillary facilities), Pre-Applicant shall provide advance notice of the Project to OCT and the Bureau of Development Services (BDS) before initiating or providing notice of an informational neighborhood meeting under C. d. i. hereof.
b. OCT staff shall consult and coordinate with applicable BDS staff in reviewing applications for such Projects.
E. Area Pre-Applications
a. If Pre-Applicant has, within twelve (12) months prior to initiating the Pre-Application process set forth in C hereof, presented reasonably detailed Project plans and relevant information for an area of the City generally commensurate with the boundaries of District Coalitions recognized by ONI1 at a meeting conducted (with 30 days prior notice) under the auspices of District Coalition offices and neighborhood associations located within the Project plan area, and such plans and information are readily available through an available website link, then upon request by Pre-Applicant, OCT may forbear enforcement of presentation requirements under C. g. hereof substantially duplicative of such prior presentation.
F. UTL-3.07 is not intended to conflict with applicable provisions of right-of-way use agreements for mobile telecommunications services entered into by the City with Grantees, nor is UTL-3.07 intended to conflict with applicable provisions of federal law, including applicable administrative rules promulgated by the Federal Communications Commission.
Adopted by Director of Revenue Bureau September 6, 2012.
Filed for inclusion in PPD September 6, 2012.