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21. "Utility pole" means a structure designed and used primarily for the support <br />of electrical wires, telephone wires, television cable, or lighting for streets, parking lots, or <br />pedestrian paths. <br />22. "Wireless communications facilities" or "WCF" means facilities used for <br />personal wireless services. <br />23. "Wireline" means services provided using a physically tangible means of <br />transmission including, without limitation, wire or cable, and the apparatus used for such <br />transmission. <br />Section 8. TMC Section 23.04.040 is hereby established to read as follows: <br />23.04.040 Federal regulatory requirements <br />A. These provisions shall be interpreted and applied in order to comply with the <br />provisions of federal law. By way of illustration and not limitation, any small wireless <br />facility that has been certified as compliant with all FCC and other government regulations <br />regarding the human exposure to radio frequency emissions will not be denied on the <br />basis of RF radiation concerns. <br />B. Small wireless facilities shall be subject to the requirements of this Code to the <br />extent that such requirements: <br />1. Do not unreasonably discriminate among providers of functionally equivalent <br />services; and <br />2. Do not prohibit or have the effect of prohibiting wireless service within the <br />City. <br />Section 9. TMC Section 23.04.050 is hereby established to read as follows: <br />23.04.050 Small wireless facility application process <br />A. Applicability. Any application for a small wireless facility both inside and outside <br />of the public right-of-way shall comply with the application requirements for a small <br />wireless facility permit described in this chapter. For small wireless facilities inside the <br />right-of-way, the applicant must also comply with the requirements pursuant to TMC <br />Chapter 11.32. <br />B. Completeness. An application for a small wireless facility is not complete until <br />the applicant has submitted all the applicable items required by TMC Section 23.04.060 <br />and, to the extent relevant, has submitted all the applicable items in TMC Section <br />23.04.050.0 and the City has confirmed that the application is complete. Franchisees <br />with a valid franchise for small wireless facilities may apply for a small wireless permit for <br />the initial or additional phases of a small wireless facilities deployment at any time subject <br />to the commencement of a new completeness review time period for permit processing. <br />CC: Legislative Development\Ordinances\INTERIM Small wireless Communication Facilities 3-31-21 <br />EM:bjs Review and analysis by Barbara Saxton <br />Page 7 of 22 <br />12 <br />