A. Requirement. It is unlawful for any person to construct, install, operate or maintain any wireless communications facility within the right-of-way without first obtaining a small cell permit for such facility pursuant to this chapter.

B. Eligibility. Only persons who hold, and are in good standing under, a telecommunications franchise granted under Chapter 13.15 BMC (or former Chapter 6.70 BMC) are eligible to apply for a small cell permit under this chapter.

C. Batching. Applicants may seek permission from the department to file a consolidated application for up to 15 small cell facilities that are part of a small cell network and receive a single consolidated permit for such facilities. The city may grant, condition or deny the batching request in its sole discretion, including by conditioning approval on applicant’s agreement to extend the time frame for processing the application.

D. Conditions. The department may include in a small cell permit such conditions, in addition to those already set forth in this chapter and other applicable law, as may be required to govern the location, appearance, construction, installation, maintenance, repair, removal or replacement of small cell facilities in the right-of-way to protect and benefit the public health, safety and welfare, including aesthetic concerns. Without limiting the generality of the foregoing, the department may consider the cumulative visual impact of proposed and existing small cell facilities in deciding whether to approve, condition, or deny a permit application.

E. Exemption for City or Other Government Facilities. This chapter shall not apply to any wireless facilities owned and operated by the city. The city may, in its sole discretion, authorize other governmental entities to construct, install, modify or replace wireless communications facilities in the right-of-way by agreement entered into under the Interlocal Cooperation Act, Chapter 39.34 RCW, in lieu of following the procedures and requirements of this chapter. [Ord. 2018-09-014 § 1].