Division 2. Telecommunications

To promote the public health, safety, and general welfare by providing for the construction, replacement, reconstruction, operation, and maintenance of telecommunications systems;

To manage the limited resources of the public rights-of-way and/or public property to the long-term benefit of the public;

To recover the costs of maintaining the public rights-of-way and/or public property; compensate for the burden imposed on taxpayers by occupation of the public rights-of-way and/or public property by nongovernmental business; recover the fixed and variable costs of occupation of the public rights-of-way and/or public property by nongovernmental business; and recover fair compensation for the occupation of the public rights-of-way and/or public property by nongovernmental entities in their respective businesses; and

To establish the position of Telecommunications Transmission Facility Coordinator and provide for the administration and coordination of telecommunications facility planning and construction;

To recognize the public interest in continued provision of universal service on regulated prices and terms as provided for in 47 U.S.C. Section 214(e).

To recognize the public interest in facilitating the deployment of telecommunications technologies in a manner that is consistent with all applicable laws.

Administrative Recommendation means a Telecommunications Transmission Facility Coordinating Committee (TTFCC) recommendation that the TTFCC Chair or designee is authorized to grant after administrative review of an application for a Micro-wireless Facility, Minor Modification or Cell on Wheels.

Administrative Review means the examination of a TTFCC application for a Micro-wireless Facility, Minor Modification or Cell on Wheels by the TTFCC Chair or designee to assure that the application is complete and accurate.

Antenna means an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to FCC authorization for the provision of wireless service and any commingled information services. Such apparatus include, but are not limited to, directional antennas, such as panels, microwave dishes, satellite dishes, and omnidirectional antennas, such as whips.

Antenna equipment means equipment, switches, wiring, cabling, power sources, shelters, shrouds, enclosures, or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when co-located, is mounted or installed at the same time as such antenna.

Antenna facility means an antenna and associated antenna equipment.

Applicant means a person who submits an Application. The term includes the persons who will be the owners of the Facility or on whose behalf the work will be performed, as well as the person who may submit an application, which shall in any case be signed by the entity which will own the Facility or on whose behalf the work is performed.

Application means a request submitted electronically by an applicant for the TTFCC to review and evaluate a proposed new or modified Telecommunications Transmission Facility within Prince George's County, Maryland. A TTFCC Application includes all the requirements for submission of a TTFCC Application and any subsequent information to amend the application or in reply to requests for additional information.

Base Station means a structure or equipment at a fixed location used for the provision of personal wireless services and that enables Federal Communications Commission-licensed or authorized wireless communications between user equipment and a communications network. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable at the site, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term does not include a Tower or other support structure, as defined herein, and it does not include Facilities (other than wireless devices at the Base Station) that connect a base station at a fixed location to other elements of a communications network at other locations. The term does not include metering equipment or disconnects required to provide power to the Base Station.

Cell on Wheels (COW) means a portable self-contained cell site that can be moved to a location and set up to provide wireless telecommunications services on a temporary or emergency basis, for a period up to one hundred twenty (120) days but not more than the period permitted by the Building Code Official. A COW is normally vehicle mounted and contains a telescoping boom as the antenna support structure.

Co-location means:

Construct means to construct, install, erect, build, affix or otherwise place any fixed structure or object.

Design Manual means the Design Manual for Small Wireless Facilities promulgated by the County. The Design Manual includes design standards including, but not limited to, the appearance, height, and size of small wireless facilities.

Director means the Director of the Department of Permitting, Inspections and Enforcement.

Emergency means a condition that

Facility or Facilities means facilities, equipment and installations of any kind, including but not limited to any lines, pipes, irrigation systems, wires, cables, conduit facilities, ducts, poles, towers, vaults, pedestals, boxes, appliances, antennas, transmitters, gates, meters, appurtenances, or other equipment. A reference to a Facility refers both to the Facility considered as a whole and the individual elements of a Facility.

FCC means the Federal Communications Commission, its designee, or any successor governmental entity thereto.

Install means the placing of a Facility, whether initially or as part of the repair, modification, replacement, removal or expansion of an existing Facility, and includes any process by which a Facility is placed, including but not limited to attachment, construction, digging, excavation, placement, pulling and the like.

License shall mean a nonexclusive specific authorization granted pursuant to this Subtitle to construct, operate, and maintain a small wireless facility in the public right-of-way to provide wireless communication services within all, or a specified area of, Prince George's County, Maryland. Any such authorization, in whatever form granted, shall not mean or include any general license or permit required for the privilege of transacting and carrying on a business within the County as required by the ordinances and laws of the County, or for attaching devices to poles or other structures, whether owned by the County or a private entity, or for excavating or performing other work in public right-of-way.

Licensee shall mean a natural person, partnership, domestic or foreign corporation, association, joint venture, or organization of any kind that has been granted a license by the County, subject to this Subtitle.

Material Change shall mean a change that does not qualify as an Eligible Facilities Request as defined by the FCC.

Master License Agreement means a written agreement entered into pursuant to this Subtitle between the County and a licensee that sets forth, subject to this Subtitle, the terms and conditions under which a license will be granted and exercised.

Micro-wireless facility means a facility that:

Minor Antenna means a radio/antenna device no more than twenty (20) inches in length, ten (10) inches in width, and ten (10) inches in height (excluding mounting brackets, fasteners, cabling, and antenna), with two watts or less of transmitter output power, which is mounted on a strand, cable, or wire attached to preexisting poles, so long as:

Minor Modification means changes to an existing Telecommunications Transmission Facility that does not result in a Material Change to the existing facility or support structure.

Monopole means a Tower that is a single, self-supporting pole-type structure, tapering from base to top and supporting a fixture designed to support Telecommunications Transmission Facilities.

Permit means an official document or certificate issued by the Director or his duly authorized agent, authorizing performance of specified construction at a specified location and within a specified time, together with all supporting documents, agreements, conditions, plans, and specifications.

Permit Application means a request submitted electronically by an applicant that requests a permit. A permit application includes all the requirements for submission of a permit application and any subsequent information to amend the permit application or in reply for requests for additional information.

Person means any natural or corporate person, business association or business entity including, but not limited to, an individual, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity.

Pole means a type of structure in the public right-of-way that is used in whole or in part for wireline communications, electric distribution, lighting, traffic control, signage, or similar function, or for co-location.

Private Property means any real property owned or controlled by a single individual or by a group of individuals collectively. Private property is any property that is not public property.

Protected Area means a site that:

Proximate to roadway means the area located adjacent to or part of the public right-of- way that includes:

Public Property means any real property owned or controlled by the County or another public entity including buildings, and may include surplus property as defined in Section 2-111.01 of this Code. To the extent of any conflict with Section 2-111.01, this Division prevails.

Public Right-of-Way means the surface and space above, on, beside and below any public highway, avenue, street, lane, alley, boulevard, concourse, driveway, bridge, tunnel, park, parkway, waterway, dock, bulkhead, wharf, pier, building, public easement, right-of-way, or any other public ground or water within the unincorporated area of the County or belonging to the County

Small Wireless Facility means a facility that meets each of the following conditions:

Support Structure means a structure, including, but not limited to, buildings, monopoles, towers, poles, base stations, and other free-standing self-supporting or guyed structures that may support telecommunications facilities, whether or not the structure has an existing telecommunication facility.

Telecommunications means the transmission, between or among points specified by the user, of information of the user's choosing without change in the form or content of the information as sent and received.

Telecommunications Services means the offering of telecommunications for a fee, by a person, which the person is authorized to provide under applicable Federal, State, and local law, regardless of the facilities used. It includes, without limitation, transmission by optical fiber, coaxial cable, wireless methods, or any other means, and includes, without limitation, voice, video, data, telephone service, cellular service, and personal communications services.

Telecommunications System means all or any part of a facility that occupies County property and/or public rights-of-way owned or controlled by the County and is used to provide one or more telecommunications services.

Telecommunications Transmission Facility means any antenna and/or support structure which is used to transmit or retransmit wireless voice, data, or image information, but shall not mean or include a Minor Antenna. A Small Wireless Facility is a Telecommunications Transmission Facility.

Telecommunications Transmission Facility Coordinating Committee (TTFCC) means the committee established in accordance with Section 5A-153 of this Division.

Telecommunications Transmission Facility Coordinator or Coordinator means the person designated by the County Executive for providing support services to the TTFCC.

Telecommunications Transmission Facility Location Plan or Plan means a plan that identifies the location of each existing telecommunication transmission facility and the proposed location of each facility to be constructed by or for a person in the succeeding two years.

Tower means any supporting structure built for the sole or primary purpose of supporting any FCC-licensed or authorized Antennas (and related Facilities), including supporting structures that are constructed for FCC-licensed or authorized wireless communications including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include a Pole. s.

Wireless Communication System means all or any part of a facility that is licensed by the Federal Communications Commission under Title 47, Code of Federal Regulations, Parts 20, 22, 24, 90, or 101, and is located in whole or in part on public property and/or public rights-of-way and is used to provide one or more telecommunications services.

Two staff members from the Department of Permitting, Inspections, and Enforcement, to be designated by the Director, one of whom is employed within the agency's permitting function and one of whom is employed within the agency's site/road plan review function.

The Director of the Department of Public Works and Transportation or the Director's designee;

The Planning Director or the Director's designee;

The Superintendent of Schools or the Superintendent's designee;

The Director of the Office of Information Technology or the Director's designee;

The County Council Administrator or the Administrator's designee; and

The General Manager of the Washington Suburban Sanitary Commission or the General Manager's designee.

Serve as a central source of information and provide technical advice on the siting of telecommunications transmission facilities for the County, the Maryland National Capital Park and Planning Commission, the Board of Education and other public landowners, private landowners, licensed telecommunication carriers, and the general public;

Promote the appropriate and efficient location and co-location of telecommunications transmission facilities to minimize adverse impacts on other land uses in the County;

Evaluate the esthetic effects of locating multiple telecommunications transmission facilities in a single location or on a single structure;

Recommend alternative sites and techniques where appropriate to mitigate the visual impact of the proposed and alternative site and provide a copy of the recommendation to the Council member in whose district the telecommunications transmission facility is to be located and any at-large Council members;

Recommend provisions governing removal of the proposed telecommunications transmission facility at the end of its useful life, including the posting of a bond or other financial guarantee;

Facilitate public participation in the telecommunications transmission facility siting process; and

Report annually to the County Executive as requested on siting policy issues.

Prepare a master plan of existing and planned Telecommunications Transmission Facilities in the County;

Maintain a database of all applications reviewed by the TTFCC and those facilities proposed to be located in the County;

Advise the County on telecommunications matters as requested;

Review the siting of each proposed Telecommunications Transmission Facility;

Evaluate the technical rationale of the proposed locations; and

Evaluate alternative sites and techniques where appropriate to mitigate the visual impact of the proposed and alternative sites and report the findings to the TTFCC.

Applications for Telecommunication Transmission Facilities, excluding Small Wireless Facilities, which are located outside the public right of way;

Applications for Small Wireless Facilities

Additional Fees

is not reflected on an applicant's existing plan, or

has been submitted by an applicant who does not have an existing and current plan on record with the Coordinator.

At least thirty (30) calendar days prior to the acceptance of an Application for a Telecommunications Transmission Facility, every applicant shall send an informational mailing to all adjoining property owners, including owners whose property lies directly and diagonally across a street, alley, or stream and to every municipality located within one mile of the new facility, to the County Council member of the District where the new facility is proposed and all at-large Council members and to all civic associations registered with the Maryland-National Capital Park and Planning Commission located within one mile of the new proposed Telecommunications Transmission Facility. If an Application proposes the siting of a Telecommunications Transmission Facility in the Public Right-Of-Way, an informational mailing shall also be sent to the owner of the property underlying the portion of the right-of-way on which the proposed facility would be located. The parties will be notified by the informational mailing that they may request a briefing. An Application that proposes to increase the height of an existing tower, monopole or pole is included as one that requires notification required in this Section.

The form and content of the notices prescribed above in subsection (1) shall be made available by the TTFCC and shall be set forth in regulations adopted in accordance with Sec. 5A-158 of this Division.

All proposed facilities that are batched in the same application shall be included on a single notice and, in the event a briefing is requested, shall be included within a single briefing.

The TTFCC Coordinator shall promptly review all Applications for completeness. In the event an Application is deemed to be materially incomplete, the TTFCC Coordinator shall notify the applicant of any deficiencies in accordance with the procedures set forth in regulations adopted in accordance with Sec 5A-158 of this Division.

Upon acceptance of a complete Application, the TTFCC will review the Application at a public TTFCC meeting.

In reviewing an Application, and issuing a recommendation, the TTFCC shall consider factors including, but not limited to:

The TTFCC shall issue a written recommendation within the time required by all applicable laws and regulations adopted in accordance with Sec. 5A-158 of this Division. If a waiver request pursuant to Sec. 5A-159(f) was included with the Application at the time of acceptance by the TTFCC, the written recommendation shall include the TTFCC's recommendation on the request.

Obtaining all permits required by this Code;

Obtaining a recommendation by the TTFCC;

Complying with all applicable Federal, State, and local laws, including, but not limited to, Subtitles 4, 5A, 9, 23 and 27 of this Code;

Paying all required fees;

Complying with all FCC safety rules, regulations, and standards for exposure to radio frequency (RF) radiation.

Location.

Co-location.

Height. The height of a small wireless facility shall be measured from the lowest point of the natural grade of the ground at the base of the pole to the highest point on the pole, to include any attached equipment and antennas.

Protected Areas. Any small wireless facility installed or mounted in a protected area shall be a stealth design, which means that the design elements of the facility camouflage its presence by blending in and mimicking its surroundings, as is further described in the Design Manual.

Noise. All small wireless facilities shall comply with the provisions contained in Subtitle 19 — Pollution, Division 2 — Noise Control of this Code.

Radio Frequency (RF) Emissions.

Certifications and Inspections

Any small wireless facilities placed in the public right-of-way must comply with the Design Manual in all respects, unless a waiver has been granted in accordance with the provisions of this Code.

All privileges granted by the issuance of relevant permits or the execution of a Master License Agreement shall be subordinate to the County's use and any prior lawful occupancy of the public-right of way,

All small wireless facilities shall at all times be operated in compliance with all applicable Federal, State, and local laws.

The Director shall develop and make available a uniform Master License Agreement to be executed by each person applying to install a small wireless facility in the public right-of-way.

The uniform Master License Agreement shall include all provisions necessary to ensure the overall interests of public health, safety, and welfare, including, but not limited to, the following provisions:

No person may install, construct or operate a small wireless facility on private property without first having:

Any small wireless facility placed on private property must comply with all applicable laws and regulations, including the zoning requirements of Subtitle 27 of this Code, and the Design Manual.

For the purposes of this Subtitle, any public utility easement is considered private property.

Upon a showing that the operation of any provision in Section 5A-159 or in the Design Manual for Small Wireless Facilities would prohibit or have the effect of prohibiting the provision of service, the Director is authorized to waive any such requirement but only to the minimum extent required for compliance.

A request to waive any provision of Section 5A-159 should be included in an Application at the time of submission to the TTFCC. A waiver request submitted at any point after the TTFCC's acceptance of a complete Application shall be treated as a modification of an Application within the meaning of Sec. 5A-154(a)(5) and shall be subject to the provisions of that Section.

In the event the Director denies a request to waive a requirement of Section 5A-159, the denial shall be set forth in a written decision that shall provide the basis and reasoning for the denial. The written decision shall be the final decision of the County for the purposes of the waiver request.

The provisions of Section 5A-159 do not alter the authority of any municipality to regulate small wireless facilities in its right-of-way or preempt the adoption or operation of any ordinance enacted by a municipality to regulate small wireless facilities within its municipal right of way.

A municipality that enacts an ordinance to regulate small wireless facilities within in its municipal right-of-way, or amends an existing ordinance to regulate small wireless facilities within its municipal right-of-way, shall file a copy of the ordinance with the TTFCC Coordinator.